CRIMINAL

PROCEDURE CODE
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW
UNIVERSITY

MOST IMPORTANT PREVIOUS YEAR QUESTIONS

ALONG WITH ANSWERS

By
ANIL KUMAR K T
Mob: 9584416446
 Karnataka State law university 3 & 5 Years LLB.

Criminal Procedure Code

ANIL KUMAR K T LLB COACH
Most important questions
1. What is complaint? Explain the procedure to be followed magistrate
receiving a complaint?
2. Explain the procedure of trial before the court of session?
3. Write a note on First information report.
4. Write a note on Rights of arrested person.
5. Explain the provisions relating to proclamation and attachment of
property of person absconding.
6. For every distinct offence there is a separate charge and separate trial
discuss.
7. When can the court tender pardon to an accused under Cr.P.C? Can it be
revoked?
8. Explain the provisions of Cr.P.C relating to security for keeping good
behavior and peace.
9. JMFC court convicts Ramesh on his plea of guilty. Now Ramesh desires
to appeal against the conviction. Decide.
10.Explain the provisions of Cr.P.C relating to the transfer of criminal cases.
11.Explain the provisions relating to compounding of offences.
12.Write a note on Irregular proceedings.
13.Write a note on disposal of property.
14.Explain the powers and duties of probation officers.
15.Explain the constitution and powers of Juvenile justice board.
16.Procedure in case of offender failing to observe the conditions of bond.
17. Write a note on Bail of juvenile in conflict with law.
18.Examine the procedure of recording first information report. Discuss the
evidentiary value of FIR and the effect of delay in lodging the FIR.
19.Explain the procedure regarding the granting of bail in cases of bailable
and nonbailable offences.
20.What is charge? State the consequence of alteration of charge?
21.Discuss the power of court to release the offenders after admonition
and on probation of good conduct.
22.What is arrest? State the circumstances under which a person can be
arrested without warrant?
23.Write a note on summary trial.
24.Explain constitution and powers child welfare committee.
25.Explain the circumstances under which a police officer may arrest a
person without warrant and state the circumstances in which a private
person can arrest.
26.Explain investigation, inquiry, trial and inquest.
27.What is taking cognizance of offence? Whether is it obligatory? Discuss
limitations on the powers of court to take cognizance of offence.
28.Define the term charge. For every distinct offence there is a separate
charge and separate trial discuss.
29.Explain the process to compel the production of things before the
criminal courts under Cr.P.C.
30.Who are probation officers? Explain the duties of probation officers
under the probation of offender’s act.
31.Briefly discuss the release of offenders on probation or due to
admonition?
32.Explain the law relating to maintenance of wives, children and parents.
33.Write a note on juvenile welfare board.
34.What do you mean by arrest? Who can arrest? Explain the rights of
arrested person.
35.Explain the procedure of trail before the court of sessions.
36.Discuss the provisions of Cr.P.C relating to security for keeping peace
and good behavior.
37.Explain the provisions regarding the transfer of criminal cases as
provided under the code of criminal procedure.
38.Explain the types of appeals in criminal cases.
39.Explain the schemes available for rehabilitation and social reintegration
of children under Juvenile justice ( care and protection of children) act
2000.
40.Write a note on judgement.
41.Explain the procedures to be followed for the trial warrant cases by
magistrates.
42.Discuss the procedure to be followed by criminal courts in compelling
the appearances of persons.
43.Explain the provisions of Cr.P.C relating to reference and revision.
 44.Discuss the provisions juvenile justice ( care and protection of children)
act, 2000 in respect of the establishment and maintenance of
observation home and special home.
45.Write a note on Anticipatory bail and admonition.

BY
ANIL KUMAR K T LLB COACH
1.What is complaint? Explain the procedure to be followed magistrate
receiving a complaint?
INTRODUCTION
The Code of Criminal Procedure, 1973 lays down the procedures for filing a
complaint to the Magistrate. In a general sense, a complaint means a formal
allegation against a party. Chapter XV of this code deals with Complaints to the
Magistrates. Under Section 190(1), a Magistrate is empowered to take
cognizance of any offence based upon:

▪ Acquiring a complaint that describes the facts for such an offence, or

▪ A police report stating such facts, or

▪ Receiving the information from any other person excluding a police

officer, or
▪ His knowledge of the commission of such an offence. Here, no
complaint is required.
But one question comes to our mind that what is the meaning of the term “to
take cognizance of an offence”? The meaning of this term is “to take notice or
get aware about the alleged commission of an offence”. Before determining
whether an accused person is guilty of the offence or not, a Magistrate takes
cognizance of that offence. Thus, taking cognizance of an offence is the sine qua
non for trial.
This article mainly deals with the complaints to the Magistrate.

MEANING OF A COMPLAINT
Section 2(d) of CrPC, 1973 defines a complaint as “it is an allegation made
verbally or in written form before a Magistrate”. A complaint is made with the
object that the Magistrate should take action under this Code against the person
who has committed an offence. Here, this person can be known or unknown.

There is no particular format for a complaint.[1] It contains allegations that

some offences have been committed and ends with a prayer stating that the
offender should be convicted properly.
In general, any person can file a complaint. But, in case of offences relating to
marriage, defamation and offences specified as per sections 195 to 197 of IPC,
only the aggrieved party can file a complaint. The person who lodges a complaint
is known as a ‘complainant’. A charge sheet submitted by the police can not be
regarded as a ‘complaint’. A police report is deemed to be a ‘complaint’ only in
the case where after investigation it reveals that the alleged offence is non-
cognizable.
These are some necessary conditions for a complaint:

▪ A non-cognizable offence must be committed.

▪ There must be some allegation against a known or unknown person.

▪ Such allegation must be in verbal or written form.

▪ It must be made before a Magistrate.

▪ It must be made with the object that the Magistrate should take
action.
EXAMINATION OF A COMPLAINANT
As per Section 200, CrPC, a Magistrate, after taking cognizance of an offence,
examines both the complainant as well as the witnesses on oath. The objectives
of such examination are:

1. To establish whether the case against the person (who is being

accused in the complaint) is actual.
2. To find out whether the complaint is reasonable or is lodged just for
harassing the person by a false allegation.
This section provides further that the facts obtained from such examination
should be condensed to writing along with the signature of the complainant, the
witnesses and the Magistrate.

WHAT IF A MAGISTRATE IS NOT COMPETENT TO TAKE COGNIZANCE OF THE

CASE
As per Section 201, if a complaint is lodged before a Magistrate who has no
jurisdiction to deal with the case, then he can do any one of the following things:

1. Where the complaint is in written form, he is required to return it to

the appropriate court for presentation along with approval for such
effect.
2. Where the complaint is not in written form, he should direct the
complainant to the appropriate court.
POSTPONEMENT OF ISSUE OF PROCESS
As per Section 202 (1), a Magistrate may postpone an issue of process to compel
the appearance of the person complained against or order the police officer to
investigate for deciding whether there is a satisfactory reason for proceedings.
Instead of ordering an investigation by the police, the Magistrate himself can
also inquire into the case or order another person (whom the Magistrate thinks
fit) to investigate. This can be done in the following conditions:
 ▪ On receiving a complaint for which the Magistrate has jurisdiction
over the case, or
▪ Where the Magistrate has transferred the case to another
Magistrate as per Section 192, or
▪ Where the accused is living in an area in which the Magistrate is not
authorized to exercise his jurisdiction.
This section further provides that the Magistrate can not order for an
investigation in the following cases:

▪ Where the offence is specially triable by the Sessions Court, or

▪ Unless he has examined the complainant and the witnesses on oath
as per Section 200.
Section 200(2) provides that if a Magistrate finds that the offence is specially
triable by the Sessions Court, then he can summon the complainant along with
all the witnesses to take the evidence on oath.

Section 202(3) limits the power of the person excluding a police officer
investigating in that he is not permitted to take someone into custody without
a warrant.

DISMISSAL OF A COMPLAINT & ITS EFFECT

Section 203 provides that after taking the statements of the complainants and
all the witnesses, and the outcome of the investigation as per Section 202, into
consideration if a Magistrate finds that there is no satisfactory reason for
proceedings. Then he is authorized to dismiss the complaint by recording
appropriate reasons for doing so.

These are the effects of dismissal of a complaint:

▪ Such dismissal does not permit the accused to compensate as per

Section 250 of the code.
▪ But he can act against the complainant for a false accusation under
Section 211 of IPC.
FILING OF THE SECOND COMPLAINT
Here, the second complaint means a fresh complaint.

The Supreme Court has observed that after the dismissal of the first complaint,
a fresh complaint having the same facts is maintainable only under exceptional
circumstances.
CONCLUSION
A complaint is a mode by which a Magistrate takes cognizance of an offence.
He examines the complainant as well as all the witnesses present as per
Section section 200, CrPC. If a Magistrate has no jurisdiction over the case then
he may transfer the case to the proper court under Section 201. He may
postpone the issue of process under Section 202.
As per Section 203, a Magistrate has the power to dismiss a complaint if he finds
no reasonable grounds for further proceedings. In such an instance, the
complainant has to file a fresh complaint again.

2.Explain the procedure of trial before the court of session?

The word ‘trial’ is undefined in the Criminal Procedure Code. The trial can be
defined as a type of inquiry with the object to determine the guilt or innocence
of the accused person. Warrant cases are triable either by the Court of Session
or Magistrate, whereas the summon cases are triable only by a Magistrate.
Please note that the Court of Session doesn’t take direct cognizance of the
cases, but the cases are committed to the Court of Session under section
209 of the Criminal Procedure Code by the Magistrate if it is exclusively triable
by Session court. It is to be noted that Session Court tries those offences which
are punishable with more than seven years, life imprisonment, or
death. Section 199(2) of the Criminal Procedure Court provides with the
exception that in case of defamation of high dignitary or public official, a
written complaint can be filed by the public prosecutor, and the Court of
Session can take direct cognizance here.

Procedure for Regular Trial

According to section 225 of the Criminal Procedure Code, the trial before the
Court of Session will be conducted by the Public Prosecutor.

• Section 226: Opening Case for the Prosecution

• Section 227: Discharge
 • Section 228: Framing of Charges
• Section 229: Conviction on Plea of Guilty
• Section 230: Date for Prosecution Evidence
• Section 231: Evidence for Prosecution
• Section 232: Acquittal
• Section 233: Entering Upon the Defence
• Section 234: Arguments
• Section 235: Judgement
• Section 236: Previous Conviction

Section 226: Opening Case for the Prosecution

When the case is committed to the Session Court, and the accused appears
before the Court of Session, the case will be opened for prosecution by the
Public Prosecutor by describing the charge and stating the evidence.

Section 227: Discharge

Discharge is a mere suspension of the trial. After considering the evidence, if

the judge considers there aren’t sufficient grounds for proceeding against the
accused, he’ll discharge the accused after recording the reason. It will be a
speaking order. According to section 319 of the Criminal Procedure Code,
Session Court has the power to add any person against whom there appears
sufficient evidence of his involvement in the case and direct him to be tried
with other accused.

Section 228: Framing of Charges

When the case is not exclusively triable by the Session Court, the judge may or
may not frame the charges and would transfer the case to the Chief Judicial
Magistrate.
When the case is exclusively triable by the Session Court, the judge shall frame
the charges. The charge then shall be read and explained to the accused. The
accused shall then be asked if he pleads guilty or claims to be tried.

Section 229: Conviction on Plea of Guilty

It is the judge’s discretionary power. If the accused pleads guilty, his plea will
be taken on record, and the judge, upon his discretion, shall convict the
accused or fix the date for prosecution evidence under section 230 of the
Criminal Procedure Code.

Section 230: Date for Prosecution Evidence

Suppose the accused claims to be tried or does not pleads or refuses to plead
or is not convicted under section 229 of the Criminal Procedure Code. In that
case, the date will be fixed for examination of the witness or issue of process
to call a witness or for production of any object or thing.

Section 231: Evidence for Prosecution

On the date so fixed, the judge shall record the evidence. The judge, upon his
discretion, shall postpone the cross-examination of the witness until other
witnesses are examined or recall any other witness for cross-examination.

Section 232: Acquittal

The court can acquit the accused if there is no satisfactory or conclusive

evidence that he committed any offence.

Section 233: Entering Upon the Defence

In case the accused is not acquitted, he shall enter upon his defence and
adduce his evidence. He may file his written statement or application for issue
of any process. But such application will not be accepted if it is with the intent
to cause delay or vexatious in nature.

Section 234: Arguments

When the evidence from the defence is concluded, the prosecution shall sum
up the case, and then the defence is entitled to reply.

Section 235: Judgement

After hearing the arguments, the judge shall deliver the judgement where he
shall either acquit or convict the accused. If the accused is to be convicted,
there shall be a hearing on the question of sentence.
In Allauddin Mian vs State of Bihar, it was held that hearing on the question of
sentence is mandatory.

Section 236: Previous Conviction

Where a previous conviction is charged under section 211(7) of the Criminal

Procedure Code, and the accused refuses to admit it, the judge may, after
conviction, take evidence regarding that previous conviction.

3.Write a note on First information report.

Introduction:
An First Information Report (FIR) is a very important document as it sets
the process of criminal justice in motion. It is only after the FIR is registered in
the police station that the police take up investigation of the case.

What is a FIR?
 ▪ First Information Report (FIR) is a written document prepared by
the police when they receive information about the commission of
a cognizable offence.
▪ It is a report of information that reaches the police first in point of
time and that is why it is called the First Information Report.
▪ It is generally a complaint lodged with the police by the victim of a
cognizable offence or by someone on his/her behalf. Anyone can
report the commission of a cognizable offence either orally or in
writing.
▪ The term FIR is not defined in the Indian Penal Code (IPC), Code of
Criminal Procedure (CrPC), 1973, or in any other law.
o However, in police regulations or rules, information
recorded under Section 154 of CrPC is known as First
Information Report (FIR).
▪ There are three important elements of an FIR:
o The information must relate to the commission of a
cognizable offence,
o It should be given in writing or orally to the head of the
police station,
o It must be written down and signed by the
informant, and its key points should be recorded in a
daily diary.
What happens after an FIR is filed?

▪ The police will investigate the case and will collect evidence in the
form of statements of witnesses or other scientific materials.
o They can arrest the alleged persons as per law.
▪ If there is sufficient evidence to corroborate the allegations of the
complainant, then a charge sheet will be filed. Or else, a Final
Report mentioning that no evidence was found will be filed in court.
▪ If it is found that no offence has been committed, a cancellation
report will be filed.
▪ If no trace of the accused persons is found, an ‘untraced’ report will
be filed.
 ▪ However, if the court does not agree with the investigation report,
it can order further investigation.
What if the police refuse to register an FIR?

▪ Under Section 154(3) CrPC, if any person is aggrieved by the refusal

on the part of the officer in charge of a police station to register an
FIR, she can send the complaint to the Superintendent of
Police/DCP concerned.
o Who, if satisfied that such information discloses the
commission of a cognizable offence, will either
investigate the case, or direct an investigation by a
subordinate police officer.
▪ If no FIR is registered, the aggrieved persons can file a complaint
under Section 156(3) CrPC before a concerned court which, if
satisfied that a cognizable offence is made out from the complaint,
will direct the police to register an FIR and conduct an investigation.
4.Write a note on Rights of arrested person.

1 - Right to know the grounds of arrest

• Article- 22(1) of the Indian Constitution stipulates that no police official

can arrest any individual without informing the accused the reason/
ground of his detainment/ arrest.
• Section- 50 of the Code of Criminal Procedure (CrPC) says that every
police official with authority to arrest someone without a warrant must
inform the person getting arrested about the crime for which he is
arrested and other relevant grounds for the arrest. This is the duty of the
police official which he cannot refuse.
• Section- 50Aof the CrPC makes it compulsory for the person/ police
official arresting a person to inform of the arrest to any of his relatives or
even friends, who may have interest in the same.
• Section- 55of the CrPC states that in situations where a police official
authorises his junior to arrest a person without a warrant, the junior
official must notify the arrested person of the order of delegation that is
given, which must also mention the crime and the grounds of arrest.
• Section- 75of the CrPC states that the police official executing the
warrant must notify the substance to the arrested person and furnish
the warrant of the arrest when required.
2- Right to be produced before the Magistrate without unnecessary delay

• Article- 22(2) of the Indian Constitution stipulates that the police official
making an arrest must produce the arrested person before the
Magistrate within 24 hours of the arrest and failing to do so would make
him liable for wrongful detention.
• Section- 55 of the CrPC states that in case a police official is making an
arrest without a warrant, then he must produce the person arrested
without any unnecessary delay before the Magistrate within
the jurisdiction or before a police officer in charge of the police station,
depending upon the conditions of the arrest.
• Section- 76 of the CrPC states that the arrested person must be
produced in court within 24 hours of his arrest, the same can must
exclude the time duration which is required for the journey from the
place of arrest to the Magistrate Court.

3- Right to be released on bail

• Section- 50 (2) of CrPC provides that the arrested person has the right to
get released on bail by making arrangement for the sureties and
informing his of his right when arrested without a warrant for an offence
other than a non-cognizable offence.

4- Right to a fair and just trial

The legal provision regarding the right to a fair and just trial can be extracted
from the Indian Constitution as well as a lot of Supreme court and High court
judgments since no specified law has been stipulated in this regard.

• Article- 14 of the Indian Constitution states that ”every individual is

equal before the law” which means that all the sides in a legal dispute
must be treated equally.

The principle of natural justice must be considered in respect to both the

parties.

Similarly, a right to a speedy trial has also been upheld in “Huissainara

Khatoon v/s Home Secretary, State of Bihar” where the court observed
that, “the trial must be disposed of as diligently as possible”.

5- Right to consult a Lawyer

 • Article- 22 (1) of the Indian Constitution provides that every arrested
person has the right to choose and elect his own lawyer to defend him in
the court of law for whatever crime he may/ may not have committed.
• Section- 41D of the CrPC allows prisoners to be able to consult with their
lawyers even during their interrogation.
• Section- 303 of the CrPC allows every alleged convict/ criminal the right
to be defended by a lawyer of his choice even if the criminal proceedings
against him have already begun.

6- Right to free legal aid

• Article- 39A The government, in an effort towards securing justice,

instituted Article- 39A to provide free legal aid to people in need. The
same right was reaffirmed in the dispute of Khatri v/s Bihar, where the
court held that, “the state must provide free legal aid to the poverty-
stricken accused person”. The same right to free legal aid is provided at
the first instance of production of the accused before the Magistrate in
the court.

7- Right to keep quiet

The right to keep quiet does not have any mention in any Indian law, however,
its authority can be derived from the Constitution’s right against self-
incrimination..

The right to stay silent is principally related to the statement and confession
made by the accused person in the court. In addition to this, it is the
responsibility of the magistrate to perceive if any statement or confession
made by the accused person was voluntarily or was after the use of force and
manipulation. Therefore, police or any other authority for that matter is not
allowed to compel an accused person to speak anything in the court.

8- Right to be examined by a Doctor

Section- 54 of CrPC asserts that if an arrested person claims that medical

examination of his body would lead to a detail which would dismiss the fact of
commission of the crime by him, or some detail that might lead to evidence
towards commission of the crime by some other person against his body,
the court has complete discretion to order for a medical examination of an
accused person at his request and the same is granted by the court when
satisfied that the request is not made to delay or defeat justice.
5.Explain the provisions relating to proclamation and attachment of property
of person absconding.

Where the summons for the attendance of the accused person is to be issued,
but the court believes the accused may abscond or when the accused fails to
appear before the court without any reasonable cause, a warrant of arrest is
issued.

Now, the warrant of arrest has been issued, and there is reason to believe that
the accused has absconded or is hiding himself to avoid the execution of the
warrant. The court may publish a written proclamation requiring the accused
to appear before the court and may attach his property.

If the accused fails to appear after the proclamation as well, the court may also
attach the property of the accused, and the property will be at the State
Government’s disposal.

These provisions have been dealt with under sections 82 to 86 of the Criminal
Procedure Code.

When a Court May Publish a Written Proclamation?

If any court has a reason to believe that any person against whom a warrant
has been issued;

1. has absconded, or
2. is concealing himself

Then a court may publish a written proclamation specifying the place and time
(not less than 30 days from the date of such publication) for him to appear.
Essentials of Proclamation

According to the Criminal Procedure Code, these are the four essentials of
proclamation:

1. The proclamation shall be read publicly in the part of the town or

village where such person resides;
2. The written proclamation shall be affixed to some conspicuous (clearly
visible) part of the house in which such person resides;
3. A copy of such publication will also be affixed at the courthouse;
4. If the court thinks fit, it may order to publish such publication in a daily
newspaper circulating in the area where such person resides.

Attachment of Property

Anytime after the proclamation under section 82 of the Criminal Procedure

Code, the court may order attachment of property, whether movable or
immovable belonging to the proclaimed person. Reasons shall be recorded for
such attachment.

Attachment may be ordered simultaneously with proclamation if the court has

a reason to believe that the person proclaimed is about to:

1. dispose of the whole or any part of the property,

2. remove the whole or part of the property from the local jurisdiction of
the court.

The property attached will be at the disposal of the State Government.

Claims and Objections to Attached Property

Claims and objections can be made by the interested person other than the
person proclaimed for the attached property within six months from the date
of attachment.

Such a claim or objection shall be inquired into and may be allowed or

disallowed in whole or in part.

Release, Sale and Restoration of Attached Property Under Section 85 of the

Criminal Procedure Code

As per section 85 of the CrPC, if the proclaimed person appears before the
learned court within the time specified, his property shall be released.

If the proclaimed person doesn’t appear within the time specified, the
property comes at the disposal of the State Government. But it shall not be
sold until;

1. Six months expires from the date of attachment, and

2. Any claim or objection is disposed of.

Unless the property is perishable in nature or if the court considers that the
sale would benefit the owner.

If within two years of the date of attachment, the person whose property was
at the disposal of State Government appears or is brought before the court. In
this case, the property or the sale proceeds will be delivered to him if he
satisfies the court that he did not abscond or conceal himself.
According to section 86 of the Criminal Procedure Code, any person who is
aggrieved by the refusal of delivery of property or sale proceeds may appeal to
the court, to which appeal ordinarily lies from the sentences of the first-
mentioned court.

6.For every distinct offence there is a separate charge and separate trial
discuss.
Introduction:
The charge is defined under Section 2(b) of the Code Of Criminal Procedure,
1973. According to which, “charges means the head of the charge when there
are more than one charges”. To put it in a more straightforward language,
after the trial is initiated, the accused person is informed about the allegations
which have been raised against him and the provisions of the Code under
which he would be tried by the Court. The accusations put up against the
accused are thus known as ‘Charges’ in the legal language.
Essential provision related to framing of Charges

• The general principle regarding charges as purported by Section 218 of

the Code Of Criminal Procedure, 1973 is that every offence of which a
particular has been accused shall come under a separate charge and
each such charge shall be tried separately and distinctly. This means
that each offence has to be treated as a separate entity and should be
tried distinctively.
• But, Section 218(2) carves out exceptions to Section 218(1). The
provisions of Section 219, 220, 221 and Section 223, override the
provisions as mentioned under Section 218 of the Code Of Criminal
Procedure. This means that Section 219- 223 talks about the Joinder
Of Charges.

The exceptions to Section 218

Exception 1
Three offences which are of the same kind, committed within a year may be
charged together: This section has been provided to avoid multiplicity of the
proceedings when the offences are of the same kind. It contains two
circumstances:
 1. According to Section 219(1), if a person has been accused of three
offences of the same kind then the person can be tried for all the
offences together if they have been committed within a span of
twelve months from the first to the last offence.
2. Section 219(2) talks about the offences which are of the same kind,
also punishable with the same quantum of punishment.

Exception 2
Offences which are committed in the course of the same transaction and tried
together. It consists of the following:

1. If a person has committed a series of acts, which are so intrinsically

connected together that they form a single transaction, such series of
offences shall be charged and tried together. The word ‘transaction’
has not been defined under the Code
2. In case of offences of Criminal breach of trust or dishonest
misappropriation of property and their companion offences of
falsification of accounts. Many a time, the offences of criminal breach
of trust or dishonest misappropriation of property are committed
along with the offence such as falsification of accounts etc., the latter
offence committed in order to fulfil the objective of the former
offence. In such cases, Section 220(2) enables the Courts to try such
offences together.
3. If a single act falls under within different and separate definitions of
offences, such different offences shall be tried together as mentioned
under Section 220(3). For e.g.: If a person X, wrongfully strikes a
person Y with a cane, then X can either be charged with and tried
separately of offences under Sections 352 and Sections 323 of
the Indian Penal Code or may be tried and convicted together.

Exception 3
Section 221 provides for the cases wherein there is some doubt related to the
circumstances and incidents which took place during the commission of the
offence. According to this section, if the accused has committed a series of acts
which lead to confusion regarding the facts should be proved, the accused
might be charged with any or all of such offences or charged for alternative
offences. In such cases, the accused is charged for one offence and during the
stage of evidence, if it is proved that he has committed a different offence, he
may be convicted for the same even though he was not charged with the
same.

Power of court to order separate trial in cases wherein joinder of charges or

of offenders is permissible

• The general rule in case of charges is that there shall be a separate

charge for every distinct offence, which shall be tried separately. But,
Sections 219, 220, 221 and Section 223 carve out the exceptions to this
basic rule. In simpler words, a separate trial is a rule while a joint trial
is its exception.
• The provisions regarding the exceptions have only enabling nature,
and it is at the discretion of the Courts whether or not to apply them
to a particular case. In the case of Ranchhod Lal v. State of Madhya
Pradesh AIR 1965 SC 1248, it was held that it is at the discretion of
the court whether to apply Section 219, Section 220 and section 223
of the Code Of Criminal Procedure, 1973 or resort to Section
218. The accused has not been given this right to resort to joinder of
charges.
• The question regarding the misjoinder of charges and joint trial for
distinct offences was answered by the Supreme Court in the case
of Union Of India v. Ajeet Singh (2013) 4 SCC 186. It was held by the
court that the principles underlying the provisions in the Code of
Criminal Procedure, 1973 only act as a guiding principle.

7.When can the court tender pardon to an accused under Cr.P.C? Can it be
revoked?
Scope and Object
▪ S.306 deals with the subject of tender of pardon to an accomplice.

▪ It is a helpful step when there is no clinching evidence against the

accused and without tendering such pardon all the accused persons
would walk scots free.
▪ The power to grant pardon u/s. 306 is a substantive pardon and it rests
on judicial discretion.
▪ The Court has to proceed with great caution and on sufficient grounds
recognizing the risk which the grant of pardon would result in, if the
accomplice is let free.
 ▪ The disclosure of the person seeking pardon must be complete.
▪ The offer of pardon shall be made to the one who is the least guilty
among all the other accused.
▪ If the evidence is otherwise unobtainable, and only the accomplice can
provide for such evidence against the other accused, on account of
secrecy of crime a paucity of evidence, it would be justified to tender
pardon to the one who is least guilty.
▪ To prevent the actual offenders from punishment for lack of evidence in
grave offences.
▪ Pardon is granted to sought when somebody claims that he has
committed mistake.
▪ An accused once granted pardon, is no more an accused he assist the
Court and the prosecution to secure c
Conditions – Pre-requisite
It can come into effect when the following conditions are met:

1. The offence charged must be punishable with imprisonment of seven

years and upwards; or
2. Triable exclusively by the Court of Sessions; or
3. Triable by a Special Judge.
Judicial Officer empowered to tender pardon
The following judicial officers are entitled to exercise the power of pardon to
the accomplice:

1. Chief Judicial Magistrate; or

2. Metropolitan Magistrate; or
3. Judicial Magistrate of First Class
The CJM and the Metropolitan Magistrate can tender pardon at any stage of
investigation or inquiry or the trial

However, the Judicial Magistrate of First Class can tender pardon at any stage
of inquiry or trial but not at the stage of investigation.

Duty of Magistrate to record reasons

▪ The Magistrate who tenders the pardons must record reasons before
doing the same.
▪ The procedure u/s. 306(3)(a) & (b) provides for two things, mentioned as
follows:
▪ The reasons for tendering the pardon; or
 ▪ Whether or not the pardon was accepted by the accomplice.
▪ If reasons are not recorded the orders of the Magistrate, will not be
classified as speaking orders.
▪ The whole order of the Magistrate can be quashed on the very ground
that he has not recorded reasons for tendering pardon the accomplice.
Who may apply for pardon
▪ A person who is directly or indirectly concerned with the offence; or

▪ A person who is privy to a certain type of offence.

▪ It is not necessary that the person is a party to the offences.
▪ The person applying for pardon may not be the actual culprit.
▪ The provisions apply to persons summoned as accused and also to
others who are not so summoned.
Examination of Accomplice as Witness – S.306(4)(a)
▪ Every person who accepts a tender of pardon u/s. 306 shall be examined
as a witness in the Court of the Magistrate taking Cognizance.
▪ However, in case the offence is exclusively triable by the Court of
Sessions, the Magistrate shall forward the person to the respective
Court and shall not carry out examination of the person accepting
tender of pardon.
Custody of the person accepting tender of pardon – S.304(4)(b)
▪ Such person shall be detained in custody until the termination of trial.

▪ The custody under the said section means judicial custody and not police
custody.
▪ The purpose of the same to ensure that the approver is protected from
extraneous influence of the accused or any other person.
▪ Such custody is aimed at protecting the approver who assists the Court
in punishing the accused.
Test to determine the Evidentiary Value
▪ The evidence given by the approver has to satisfy dual tests.

▪ One, he must show that he is a reliable witness.

▪ Secondly, his evidence shall receive sufficient corroboration.
▪ It is to be noted that if firstly the approver fails to prove that he is a
reliable witness, then the question of corroboration of evidence does
not arise at all.
▪ In case both the above-mentioned contingencies are absent in the
evidence of the accused, then his evidence cannot be relied upon.
It can be revoked under the following circumstances

> There are chances that accomplice may swear falsely to shift the guilt from
himself.

> An accomplice is an immoral person as he is involved in the crime.

> Accomplice only disclosing the fact in the greed and hope of getting a pardon
from the punishment.

8.Explain the provisions of Cr.P.C relating to security for keeping good

behavior and peace.
Introduction:
An exhaustive and comprehensive procedure has been provided by the Code on
the subject of Security covering various circumstances which the legislative
wisdom could encompass at the time of enacting this law in its 21 provisions,
divided into three parts.The following sections enumerate the provisions related
to the topic:

A) Section 106– Security for keeping the peace on conviction.

B) Section 107– Security for keeping the peace in other cases.

C) Section 108-Security for good behaviour from persons disseminating

seditious matters.

D) Section 109– Security for good behaviour from suspected persons.

E) Section 110– Security for good behaviour from habitual offenders.

In Madhu Limaye & Ors vs. Sub-divisional magistrate,Monghyr & Ors., the
constitutional validity of chapter VIII was challenged and gist of the chapter that
it is for prevention of crimes and prevention of public tranquillity and to curb
breach of peace was held.
A) Section 106: Security for keeping the Peace on Conviction :
1. Section 106 of the Code of Criminal Procedure provides that a Court of
sessions or a Magistrate of the First Class may, at the time of passing sentence
on a person convicted of certain specified offences, order him to execute a
bond for keeping the peace for any period not exceeding three years. It differs
from Sections 107 to 110, as the order must be passed at the same time when
there is a conviction and passing of a sentence. The court may order the bond
to be executed with or without sureties.

2. The offences in connection with which security can be taken under the
section are:-

a. Except an offence punishable under section 153 A or section 153 B or

section 154, any offence punishable under chapter VIII of the Indian Penal
Code,

b. Offences consisting of, or including assault or using criminal force or

committing mischief;

c. Offences of criminal intimidation

d. Any other offence which caused or was intended or known to be likely to

cause a breach of peace.

3. In passing an order under section 106 of the Code of Criminal Procedure, it

has to be seen, not whether the persons concerned did commit a breach of the
peace, but whether they were convicted of an offence which necessarily
involves a breach of the peace.

4. Under section 106 evidence of past conduct is not legal evidence for an
order.

5. Section 106(3) provides, that, if the conviction is set aside on appeal or

otherwise, the bond executed shall become void. Also, the Appellate Court
can, while upholding the conviction for the specific offence, set aside the order
for security passed against the accused.
6. Under sub-section (4), power is given to the appellant court and the High
Court in revision to demand security under the section.

(i) In prosecutions for any of the offences referred to in clauses (a), (b) and (c)
above the need to move the trial Magistrates to bind over the accused
concerned under Section 106 should be carefully examined and timely action
taken in cases in which it is warranted. In respect of persons so bound over,
rowdy sheets should be opened and their movements periodically checked and
noted. Amongst other information, the names and addresses of the sureties
should be mentioned in the sheets.

ii) If during the term for which an accused is bound over under Section 106,
breaks the peace, steps should promptly be taken against him and his sureties
and the Court moved to forfeit their bonds.

Section 107 OF Cr.P.C – Security for keeping the peace in other cases

(1). An Executive Magistrate who is informed that any person is likely to commit
a breach of the peace or disturb the public tranquillity, or to do any wrongful act
that may probably occasion a breach of the peace or disturbance of the public
tranquillity, may, under-Sub-Section (1) of Section 107 of the Code of Criminal
Procedure require such person to show cause why he should not be ordered to
execute a bond, with or without sureties, for keeping the peace for a period not
exceeding one year.

(2) (a) Section 107 is thus an effective means for preventing breaches of the
peace or disturbances of public tranquillity in connection with religious
processions, festivals, fairs, elections, political movements or other disputes
between factions. It is not essential in every case that there should be two
parties against each other. It must however, be clear that a breach of the peace
is imminent, unless averted by proceedings under the section.

(b) Before starting proceedings under this section, the Police should collect
evidence, oral and documentary, of persons (including Police Officers)
acquainted with the circumstances of the case, regarding:

(i) The specific occasion on which the breach of the peace is anticipated;
(ii) The existence of a cause, quarrel or other circumstances which is likely to
lead to the breach and the period of its duration;

(iii) The declaration of the parties indicating their determination to carry out, or
to prevent, certain things in connection with the subject-matter of the quarrel;

(iv) The strength and the following of the party or parties, and

(v) Attempts made for conciliation with their results.

(c) It is not necessary to record elaborate statements of witness, short notes

being sufficient. However, the provisions of Section 162 of the Code of Criminal
Procedure are not applied to any statements or notes made in connection with
such an enquiry. In fact, the enquiry is not governed by any of the provisions of
Chapter XII of the Code of Criminal Procedure.

(3)Section 151 of the Code of Criminal Procedure empowers a Police Officer to

arrest without warrant any person designing to commit a cognizable offence, if,
in his opinion, the commission of the offence cannot otherwise be prevented. If,
then, action under section 107 is contemplated against the arrested person, he
may be produced before an Executive Magistrate for taking action.

The Magistrate may, under Section 116 order the execution of an interim bond,
with or without sureties, for keeping peace until the conclusion of the inquiry
may detain him in custody until such bond is executed or, in default to execution,
until the inquiry is concluded.

The provisions of Chapter XXXIII of the Code of Criminal Procedure relating to

bail do not apply to an order of detention passed under Sub-Section (4) of
Section 107 Cr.P.C or Sub- Section (3) of Section 116 Cr.P.C. any person who has
been arrested by the Police under section 151 of the Code of Criminal Procedure
for the initiating of security proceedings or against whom security proceedings
have already been started, is as a rule entitled to be released on bail under
Section 436 Cr.P.C. But the proviso to Section 436 states that “nothing in this
section shall be deemed to affect the provisions of Sub-Section (3) of Section
116 Cr.P.C. These are, therefore special provisions which are not affected by
Section 436, 437, 439 and 440 Cr.P.C.
Thus, superior courts interfere in the matter of release on bail with an order
passed by a competent Magistrate acting under Sub-Section (4) of Section 107
Cr.P.C. This, obviously, is a very useful provision for those entrusted with the
task of maintaining law and order and may well be resorted to for the detention
of person arrested under Section 151 Cr.P.C., if that is considered necessary for
the public safety or in the interest of the public peace.

Section 108 of CrPC Security for good behaviour from persons disseminating
seditious matters:

1) When any Executive Magistrate receives information that there is within his
local jurisdiction any person who, within or without such jurisdiction.-

(i) In any case either orally or in writing or in any other manner, intentionally
disseminates or attempts to disseminate or abets the dissemination of.-

(a) Any matter the publication of which is punishable under section 124A or
section 153A or section 153B or section 295A of the Indian Penal Code ( 45 of
1860 ), or

(b) Any matter concerning a Judge who acts or purports to act in the discharge
of his official duties which amounts to criminal intimidation or defamation under
the Indian Penal Code.

(ii) In any case is making, producing, publishing or keeping for sale, imports,
exports, conveying, selling, letting to hire, distributing, publicly exhibiting or in
any other manner is putting in circulation any obscene matter such as is referred
to in section 292 of the Indian Penal Code ( 45 of 1860 ), and the magistrate
opines that there is sufficient ground for proceeding, then he may, in the
manner provided, require such person to show cause why he should not be
ordered to execute a bond, with or without sureties, with regard to his good
behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

(2) It is to be kept in mind that under this section no proceeding shall take place
against the editor, proprietor, printer or publisher of any publication which is
registered under, and edited, printed and published in conformity with the rules
laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with
reference to any matter contained in such publication except by the order or
under the authority of the State Government or some officer empowered by the
State Government in this behalf.

Section 109 of CrPC– Security for good behaviour from suspected persons:

In cases where any Executive Magistrate receives information that within his
local jurisdiction there is a person taking precautions to conceal his presence
and that there are reasons to believe that it is being done by him with a view to
committing a cognizable offence, the Magistrate, in such case may in the
prescribed manner, may require such person to prove and show cause that why
he should not be ordered to execute a bond, with or without sureties, for his
good behaviour for such period, not exceeding one year, as the Magistrate
thinks fit.

Before a person can be proceeded against under Section 109 of the Code of
Criminal Procedure, he must be found to be taking precautions to conceal his
presence and there must be reason to believe that he is taking the precautions
with a view to committing any offence. Merely because a person hid his face by
means of a cloth when his presence was noticed by somebody going on the road
at midnight, it cannot be said that he was taking precautions to conceal his
presence.

SECTION 110 OF CR.P.C. – Security for good behaviour from habitual offenders:

Security cases under section 110 of the Code of Criminal Procedure against
local habitual should be built up on details recorded in the Station Crime
History as the result of careful watching by the Police. It should be very
exceptional for a local criminal for whom a History Sheet has not been opened,
to be put up under these sections.

The section requires that the person proceeded against should be within the
local limits of the Magistrate’s jurisdiction (Executive Magistrate) at the time
when proceedings are taken against him. Otherwise, the Magistrate can not
take action under this section. Temporary presence within the limits of the
Magistrate’s jurisdiction is sufficient. But, then the presence must be at the
time when the proceedings are initiated.

(1) The object of this section also is preventive and not punitive, and action
under it is not intended as a punishment for past offences. It is aimed at
protecting society from dangerous characters against the perpetration of crimes
by placing them under such substantial but not excessive security as would
prevent them from resorting to evil courses.

(2). To sustain a charge under clause (a), the person proceeded against must be
proved to be by habit a robber, house-breaker, thief or forger. The word “habit”
implies a tendency or capacity resulting from the repetition of the same acts.

(3). To substantiate a charge under Clause (b), it must be proved that the person
proceeded against is a habitual receiver of stolen property knowing the same to
be stolen.

(4). Clause (c) of section 110 Cr.P.C. is designed to meet the cases of persons
who assist the thief after theft by harbouring him, protecting him from discovery
and arrest, and helping him to dispose of his property. The acts, which amount
to harbouring must be done with an intention of screening the offender from
legal punishment or of preventing him from being apprehended.

(5). Clause (d) of section 110 Cr.P.C. prescribes certain offences, the habitual
commission or abetment of which, or the attempt to commit which, is ground
for taking action under this section.

9.JMFC court convicts Ramesh on his plea of guilty. Now Ramesh desires to
appeal against the conviction. Decide.
(Sec.251 to 253)

When a summons case comes up before a Magistrate, the accused is brought

before him. The particulars of the offence are informed to the accused by the
Magistrate. The accused is asked whether the guilty or any defence to make. At
this stage, it is not necessary to formal charge.

Conviction on plea of guilty (Sec.252)

If the accused pleads guilty, there he is punished by the Magistrate after

recording the reasons for such punishment.

> Conviction on plea of guilty in absence of accused in petty cases (Sec.253)

 An appeal against conviction is available in cases where the accused
person has pleaded not guilty, has had a trial in either the Supreme or District
Courts and has been found guilty by a Jury or a Judge sitting above. An accused
person ordinarily can only make one appeal against conviction.

10.Explain the provisions of Cr.P.C relating to the transfer of criminal cases.

The provisions related to the transfer of cases are given under Chapter XXXI,
from sections 406 to 411 of the Criminal Procedure Code, 1973.

• Types of Transfer under CrPC

• Transfer of cases and appeals by the Supreme Court – Section 406 CrPC
• Transfer of cases and appeals by the High Court – Section 407 CrPC
• Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC
Withdrawal of cases and appeals by Sessions Judges – Section 409 CrPC
• Withdrawal of cases by Chief Judicial Magistrate – Section 410 CrPC
• Withdrawal of case by Executive Magistrates – Section 411 CrPC

Transfer of cases and appeals by the Supreme Court – Section 406 CrPC

The power to transfer the cases to Supreme Court is conferred under section
406 of the Criminal Procedure Code. The section gives the Supreme Court the
power to transfer cases or/and appeals from one High Court to another High
Court. This power can be exercised by the Supreme Court whenever it seems
necessary and reasonable for justice.

However, the Supreme Court can only act under the application of the
Attorney-General of India or the interested party (complainant, public
prosecutor, accused, etc.).
Note: The Supreme Court does not have the power to withdraw a case from a
Special Judge and transfer it to the High Court.

Transfer of cases and appeals by the High Court – Section 407 CrPC

The power to transfer the cases to the High Court is given under section 407 of
the Criminal Procedure Code. The High Court can exercise this power under
three conditions, when it is satisfied that:
1. A fair and impartial trial cannot be held in any criminal court that is
subordinate to it.
2. Certain questions of law of unusual difficulty might arise.
3. An order is required by any provision of the Code or for the general
convenience of the parties or the witness involved or for the ends of the
justice.

The High Court can exercise this power on the report of the lower court or on
the application of a party interested. This power can also be exercised on its
own initiative by the High Court. However, the application for the transfer of a
case from one criminal court to another criminal court in the same Session
Division can be laid down before a High Court only if it has been previously
made to the Sessions Judge and was rejected by him.

Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC

Section 408 of the Criminal Procedure Code provides the power to the Sessions
Judge to transfer a case from one criminal court to another criminal court in
his sessions division. Whenever it seems reasonable for the ends of the justice,
the Sessions Judge can act as provided under this section.
The Sessions Judge can exercise this power either on the instance of the report
of the lower court or on the application of the party interested or on its own.

Withdrawal of cases and appeals by Sessions Judges – Section 409 CrPC

The Sessions Judge also has the power to withdraw a case or appeal which he
has transferred to any Assistant Sessions Judge or Chief Magistrate
subordinate to him. The provision related to this is given under section 409 of
the Criminal Procedure Code.

However, a Sessions Judge can act accordingly only before the trial of the case
or hearing of the appeal has begun. There can be no withdrawal of a case once
the trial or hearing has started in the transferee court.

Withdrawal of cases by Chief Judicial Magistrate – Section 410 CrPC

Provisions related to the withdrawal of cases by Chief Judicial Magistrate is

contained under section 410 of the Criminal Procedure Code. This section
grants the power to the Chief Judicial Magistrate to withdraw any case from
any Magistrate subordinate to him and recall any case he had previously
transferred to any Magistrate subordinate to him.

The Chief Judicial Magistrate also has the power to inquire or try such a case
himself. Along with this, he can also refer such a case to any other Magistrate
who is competent to inquire into and try the case.

Withdrawal of case by Executive Magistrates – Section 411 CrPC

The Executive Magistrates have the power to withdraw or recall any case
under section 411 of the Criminal Procedure Code. The Executive Magistrate
under this section can withdraw any case which has been commenced before
the court to any Magistrate that is subordinate to him for the disposal of the
case. He is also authorized under this section to withdraw or recall any case he
had previously transferred to any Magistrate subordinate to him as well as to
dispose of such a case himself or refer it for disposal to any other Magistrate.

11.Explain the provisions relating to compounding of offences.

What are compoundable offences

Compoundable offences are the offences which are discussed in Section 320 of
the Code of Criminal Procedure (CrPC), 1973. These are such offences in which
the aggrieved person (the person who filed the complaint, i.e., the
complainant) decides to dismiss the allegations against the accused. These
settlements, however, ought to be ‘in utmost good faith’ and should not be
made for any compensation for which the plaintiff is not eligible. Compromise
of a compoundable crime can be undertaken with the consent of the court or
without consent. The plaintiff can request permission to compound the
offence in the court in which the petition was originally filed.

Compounding an offence indicates that the individual with whom the crime
has been perpetrated has acquired some compensation from the accused, not
exclusively of monetary nature, to avoid the litigation process.

There are some crimes in which the parties concerned might reach a
settlement when the proceedings of the court are going on and further
proceedings in the court will be suspended. This is known as ‘compounding’.
Compoundable offences are situations where a settlement would be
acceptable. Hurt, wrongful restraint, assault, molestation, fraud, adultery, and
other similar crimes are compoundable offences.

Effect of compounding of offences

According to Section 320(8) of the CrPC, the compounding of an offence under

Section 320 of the CrPC has the effect of acquitting the accused with whom the
offence was compounded.
The result of compounding an offence is essentially the dismissal of the
accusations made against the accused. It makes no difference whether the FIR
was lodged or whether the trial had begun; as long as the offence was
compounded with the court’s authorization, the offender is acquitted of all
accusations.

Compoundable offences under Criminal Law

Section 320 of the CrPC talks about compoundable offences. This Section
defines a series of Indian Penal Code (IPC),1860 crimes that can be
compromised by the survivors of such crimes. A settlement reached by both
parties in a matter is referred to as the ‘compounding of an offence’. As a
result, certain IPC offences explicitly listed in Section 320 of the CrPC can be
compounded by both parties.

The High Court under Section 401 of the CrPC or a court of session
under Section 399 of the CrPC acting in the performance of its revising power
may permit any individual to settle any crime which he or she is eligible to
compromise under Section 320 of the CrPC.

Whenever an act is compoundable under Section 320 of the CrPC, then the
abetment of this kind of activity or even an attempt to commit such an act (if
such an attempt in itself constitutes a crime), or when the charged person is
liable under Sections 34 or 149 of the Indian Penal Code, then it will also be
compounded in the same way.

12.Write a note on Irregular proceedings.

Introduction

First, understand the meaning of proceedings, It means to be a course of

action or a series of actions that take place in a planned and control Manner.
Definition of preceding in legal terms an activity that seeks to invoke the power
of Tribunal to enforce the law and acquire a beneficial interest right or to
enforce a remedy.

According to the dictionary meaning in regular means something which is not

even or is not in shapes the under the criminal law it aims to deliver Justice by
punishing the guilty and provide remedies to the aggrieved person in
implemented by the court and they are expected to reach the final decision or
conclusion without any irregularities but any situation arise in the court when
irregularities are committed which can either be curable or incurable.

The Criminal Court Crpc and numerous several provisions under 7 sections-

Section 468 which deal with irregularities which do not vitiate proceeding,
Section 461 irregularities which vitiate proceedings, Section 462 proceeding in
the wrong place, Section 463 non-compliance with a provision of section 164
of section 281, Section 464 effect of omission to frame or absence of or error
in the charge, Section 465 handle the sentence when reversible because of
error or omission or irregularity, Section 466 defect Hector error not to make
attachment and lawful in this article we will discuss in detail all these sections
which based on a regular proceedings state the consequence of it.

Section 461 of Crpc deal with irregularities which vitiate process reading-

If any magistrate not been empowered by law on this behalf does any of the
following things should be done namely attach and sell property under section
83 issue a search warrant for documents like a parcel or other things in the
custody of a poster or Telegraph authority, Demand security to keep the
peace, Demand security for good behaviour, Discharge a person lawfully
bound to be of good behaviour, Cancel a bond to keep the peace, Make an
order for maintenance make an order under section 133 as to a local nuisance
prohibited under section 143 the petition on the continuance of public
nuisance make an order under part C or part D of chapter X, Take cognizance
of an offense under Class C of subsection 1 of section 190, Trice and offender
try summarily. passes a sentence and that section 325 on proceeding recorded
by another magistrate decide and appeal called under section 397 for
proceedings or lastly revise and order passed under section 446 is proceeding
shall be void.

13.Write a note on disposal of property.

Introduction
When dealing with a criminal case, the police comes across various articles
which are then seized by it. These articles are of utmost significance and act as
evidence. These are presented before the court and become an important
element in a successful trial. The term property applies to all such documents or
articles which are submitted before the court and marked as documentary
exhibits or material objects.

Once the trial ends, however, these articles or documents need to be disposed
of. Chapter 34 of the Code of Criminal Procedure, 1973 (CrPC) deals with this
disposal. This process of disposal is governed by Section 451 to 459 of the code.

Chapter 34 of CrPC deals with disposal of 4 kinds of properties. This includes:

• Properties or documents which have been used in committing an

offence.
• Properties or documents on which an offence has been committed.
• Properties or documents which have been produced before the court.
• Properties or documents which are in the custody of Police or Court.
These properties can be categorised as:

• Articles found when arresting a person;

• Those found under suspicious circumstances with regards to the
commission of a crime;
• Those which have been allegedly stolen.

How is the property disposed of?

As per this chapter, the property can be disposed of by either destruction,
confiscation or delivering or giving the property to a person claiming to be
entitled to such property and thus restoring it to the dispossessed, selling it off
etc.

14.Explain the powers and duties of probation officers.

Introduction
The Probation of Offenders Act of 1958 builds on the premise that juvenile
offenders should be stopped by counselling and rehabilitation rather than
thrown into jail by being regular offenders. The probation officer focuses on
the offender’s concern or desire, and tries to solve his concern and aims to
make the offender a productive member of the community. Within the
criminal justice system, the probation officer plays a critical or important role.
He is at the forefront of the rehabilitation of the prisoners, he helps confess
and rehabilitates the prisoners as a decent citizen in society.

Who is a Probation Officer

A probation official is a court officer who regularly meets people sentenced to

a supervised probation period. Generally, these people are perpetrators and
lower-level criminals. The majority of the offenders placed on probation are
first time offenders. Placing any one on probation is a way for the court to
prevent offenders from incarceration. Many that are on probation live in our
neighbourhoods, stay home, are working or participating in an educational
program, and raise their children. The justice system’s objective is to have a
person who is put on probation as a responsible member of society while
retaining contact with his or her family and community support sources. Once
on probation, a person may be ordered to engage in an evaluation of drug
abuse or domestic violence to determine if treatment is necessary. Moreover,
by doing Breathalyzer or urinalysis tests, people may need to assist in tracking
sobriety. Another typical condition is for an individual to continue his/her
education and/or work.

Duties of Probation Officer

Pursuant to the Offenders Probation Act 1958 – Section 14 Gives details

concerning the duties of probation officers that, subject to such conditions and
limitations as may be imposed, a probation officer is expected to do:

1. Investigate the circumstances or domestic environment of any person

accused of an offence with the intention, in accordance with any
direction of the Court, to help the Court to determine and report the
most appropriately advised approach to his dealing with it;
2. Supervising probationers and other persons under his supervision and
seeking suitable employment where necessary;
3. Counselling and supporting victims in the payment by the Court of
penalties or costs;
4. Advice and assist persons released pursuant to Section 4 in such
situations and manner as may be prescribed;
5. Perform the other duties prescribed as may be.
A probation agent, as laid down in Section 14 of the Act, has main functions,
such as investigation, supervision and guidance, counselling and professional
control of criminal probation. As an inspiring, guiding and supporting
probationer, this probation officer facilitates the rehabilitation of the criminal
as a law-abiding member of society.

Power of Probation Officer

Probation is the most important or effective method of treatment. The

probation officer can not function as a supervisor without the cooperation of
the police. It is significant for the role of the police. Two organizations of the
State are the trial officer and the police and the goals are largely identical. The
entire outdoor rehab scheme will fail because the priorities and aims are
different, as it is obvious that police will show a desire to support probation
officers.

The police have also played a key role in the rehabilitation and socialization of
the institutions’ young criminals. It is believed that the public does not accept
him when an individual is released from a domestic institution. Society would
tolerate him: otherwise, he will engage again in anti-social activities and
repetitive crimes. In this respect, it is the duty of the police officer to restore
such persons to society and also to ensure that other agencies such as
panchayat etc. are aware of their duty to help him to socialise and carry out his
ordinary social work. In this situation, the probation officers must perform the
same form of tasks, support the offender to recover and adjust the offenders
to other members of society.

15.Explain the constitution and powers of Juvenile justice board.

Juvenile Justice Board

The Juvenile Justice Board is an institutional body constituted under Section 4 of
the JJ Act, 2015. According to the division of powers, the subject of
administration of criminal justice has been included in the State List (List
II, Schedule VII) of the Indian Constitution. Therefore, one or more than one
Juvenile Justice Board(s) are established by the State Government for each
district. The Board exercises its powers and discharges functions relating to the
‘child in conflict with law’ as has been defined under Section 2(13) of this Act.
Composition of Bench under Juvenile Justice Act, 2015

1. Metropolitan Magistrate or Judicial Magistrate First Class (Principal

Magistrate herein) [not being Chief Metropolitan Magistrate or Chief Judicial
Magistrate]

-Experience Required: 3 years.

2. Two social workers (one being a woman)

-Experience Required: Active involvement for 7 years in health, education or

welfare activities pertaining to children; OR

-A practising professional with a degree in child psychology, psychiatry,

sociology or law.

It was held by the Himachal Pradesh High Court in the case of State of
Himachal Pradesh vs. Happy (2019 SCC OnLine HP 700) that judgment passed
by a single member of the Juvenile Justice Board is void ab initio. In this case,
the impugned order was passed by a single Magistrate, without fulfilling the
criteria of the composition required for the functioning of the Juvenile Justice
Board. Therefore, the order was set aside.

Powers

The Board constituted for any district shall have the power to deal exclusively
with the proceedings under the Act:

• In the area of jurisdiction of the Board,

• In matters relating to children in conflict with the law.
These powers may be exercised by the High Court or the Children’s Court, when
proceedings under Section 19 come before them or in appeal, revision or
otherwise. It was held in the case of Hasham Abbas Sayyad vs. Usman Abbas
Sayyad (2007) 2 SCC 355 that an order passed by a magistrate beyond his
jurisdiction would be considered void ab initio.

When an alleged child in conflict with law is produced before the Board, it shall
exercise its power to hold an inquiry according to the provisions of this Act and
may pass orders as it deems fit under Section 17 and 18 of the JJ Act, 2015.
The Board is also empowered to inquire into heinous offences under Section
15 of the Act. Such preliminary assessment has to be disposed of within a period
of 3 months from the date of first production of the child before the Board.

In the case of Puneet S. vs. State of Karnataka (2019 SCC OnLine Kar 1835), the
Karnataka High Court held that only the Juvenile Justice Board has the power to
decide whether an offence committed by a juvenile is heinous or not.

Functions
Sr.
Functions
No.

Ensuring informed participation of the child & the parent or the guardian
01
throughout the process

Ensuring protection of the child’s rights throughout the process of arresting the
02
child, inquiry, aftercare and rehabilitation

Ensuring the availability of legal aid for the child through various legal services
03
institutions

Providing a qualified interpreter or translator to the child if he/she fails to

04
understand the language during the course of proceedings

Directing Probation Officer/Child Welfare Officer/Social Worker to undertake a

05 social investigation into the case. Further, directing them to submit the report
within 15 days from the date of the first production before the Board.

Adjudicating and disposing of cases pertaining to children in conflict with the law
06
according to the process mentioned in Section 14

Transferring matters to the Committee in cases where the child is alleged to be in

07 conflict with the law, but is stated to be in need of care and protection at any
stage
 Disposing of the matter and passing a final order which should include an
08 individual care plan for the child’s rehabilitation. This also includes follow-ups by
officers or an NGO.

Conducting inquiry for declaring that a certain person is fit for taking care of the
09
child in conflict with the law

Conducting inspection every month of residential facilities for children in conflict

10 with the law and recommending various measures for improvement in the quality
of services provided

Ordering the police for registration of FIR if any offence is committed against any
11
child in conflict with the law

Conducting a regular inspection of jails meant for adults, to check if any child is
12
lodged in such jails

Taking immediate measures for the transfer of a child found in jails for adults, to
13
an observation home

14 Any other function as may be prescribed to the Board

16.Procedure in case of offender failing to observe the conditions of bond.

(1) If the court which passes an order under section 4 in respect of an offender
or any court which could have dealt with the offender in respect of his original
offence has reason to believe, on the report of a probation officer or
otherwise, that the offender has failed to observe any of the conditions of the
bond or bonds entered into by him, it may issue a warrant for his arrest or
may, if it thinks fit, issue a summons to him and his sureties, if any, requiring
him or them to attend before it at such time as may be specified in the
summons.

(2) The court before which an offender is so brought or appears may either
remand him to custody until the case is concluded or it may grant him bail,
with or without surety, to appear on the date which it may fix for hearing.
(3) If the court, after hearing the case, is satisfied that the offender has failed
to observe any of the conditions of the bond or bonds entered into by him, it
may forthwith—

(a) sentence him for the original offence; or

(b) where the failure is for the first time, then, without prejudice to the
continuance in force of the bond, impose upon him a penalty not exceeding
fifty rupees.

(4) If a penalty imposed under clause (b) of sub-section (3) is not paid within
such period as the court may fix, the court may sentence the offender for the
original offence.
As per Section 9 of the Act, if the Court after hearing the case finds that the
offender failed to observe the conditions in the bond, it may either sentence
him for the original offence or may impose penalty where the failure is for first
time.

In the case of Ishar Das Vs. State Of Punjab[1] the Court opined that the non-
obstante clause in Section 4 of the Act will override and prevail over any other
laws, provided that all conditions specified in the Section are met. In the given
case, the Court released a person below 21 years of age on probation of good
conduct who was charged under the provisions of Prevention of Food
Adulteration Act.

The Court also observed that “As the object of Probation of Offenders Act is to
avoid imprisonment of the person covered by the provisions of that Act, the
said object cannot be set at naught by imposing a sentence of fine which
would necessarily entail imprisonment in case there is a default in payment
of fine.”

In the case of Arvind Mohan Sinha Vs. Amulya Kumar Biswas[2] , the Court
declined to accept the contention that the provisions of Probation of Offenders
Act have no application to offences relating to the Customs Act or the “Gold
Control” Rules contained in Part XII-A of the Defence of India Rules, 1962.

17.Write a note on Bail of juvenile in conflict with law.

Bail to a person who is apparently child alleged to be in conflict with the law
Section 12 of the Juvenile Justice (Child Protection and Care) Act talks about the
bail to a person who is apparently a child alleged to be in conflict with the law.

The provision states that the juvenile who has committed a bailable or non-
bailable offense can be released on bail with or without surety. However, the
juvenile cannot be released if there are reasonable grounds that would bring the
child in association with any of the known criminals or expose him to any moral,
physical or psychological danger or his release would defeat the ends of justice.

The Hon’ble Supreme Court of India in the Judgement of Om Prakash v. State of

Rajasthan observed that the Juvenile Justice act was incorporated with the
laudable object of holding separate trials for children/ juvenile as they are
pushed by the force of circumstance and not by choice. However, if the juvenile
is involved in the commission of “heinous nature” like the rape or murder,
providing bail to the juvenile would defeat the purpose of ends of justice as
mentioned under Section 12 of the act.

18.Examine the procedure of recording first information report. Discuss the

evidentiary value of FIR and the effect of delay in lodging the FIR.
According to section 154 crpc, the informant can intimate the officer in charge
of police station about commission of cognisable offence. He must give such an
information with the intention to lodge FIR. The procedure for recording
FIR under section 154 crpc is very simple. Informant can furnish the
information either orally or in writing.

Step by step procedure for recording of FIR

• When the police officer receives oral information he shall reduce it into
writing.
• In case of written information the police will record it under section 154
crpc
• Police officer shall read over the information to the informant or
complainant
• The police officer shall take signature or thumb impression of the
informant
• Thereafter, the police will record the substance of information in General
Diary (GD)
 • Police officer will give a copy of FIR to the informant at free of cost

Evidentiary Value of FIR

The evidentiary value of FIR is very important than any other statements during
the process of cognizance of any offense or at the time of initiating the
investigation about information recorded as per Section 154 or 155 of CrPC. But
at the same time the established principle of law that FIR cannot be assumed as
a substantive piece of evidence and can only be considered as an important
piece of evidence. The reason for which the FIR is regarded as an important piece
of evidence is- because of its nature that it is the first information of the
cognizance of any offence, and it can be of very important nature as it will help
in the initiation of investigation about the offences.

FIR stands for First Information Report and is dealt with under Section 154 of
the Code of Criminal Procedure, 1973 (hereinafter, “CrPC”). It simply means any
information given by a person (this can be anyone including the victim, third
party, etc.) to a police officer on duty regarding the commission of an alleged
cognizable offense. Based on this FIR, the police initiates the investigation and
further submits a charge sheet under Section 173, CrPC.
The FIR holds prime importance in any criminal case and has various aspects
associated with it. However, for this article, only the evidentiary value of FIR is
taken into consideration. FIR finds its mention in CrPC, but to find its evidentiary
value, the Indian Evidence Act (hereinafter, “IEA”) is relevant. A culmination of
both these statutes helps the court to finally determine the guilt or the
innocence of the accused.
The evidentiary value of FIR has two aspects, i.e., substantial and procedural
aspects. The earlier aspect deals mainly with relevant facts, with regards to
which Sections 6, 8, 21, 27, and 32 of IEA will be pertinent for discussion. The
latter aspect is mainly for the purpose of corroboration, contradiction, etc. Here,
Sections 145, 157, 159, and 160 of IEA will come into play. This above list of
sections is not exhaustive, and there can be various dimensions associated with
FIR. Nevertheless, for this article, only the above-mentioned sections will be
dealt with, as these cover up most of the evidentiary value of FIR.

DELAY IN LODGING OF FIR

There can be instances when the incident took place on one day, but the FIR for
the same was given after a considerable gap of time. In such a case, what would
be the evidentiary value of a delayed FIR? The person who has filed FIR must-
have information on that incident and thereafter, should have delayed filing FIR.
The element of knowledge plays an essential role here. , Where there is no
knowledge about the incident, delay in lodging FIR owing to the same is
justified. Delay in lodging FIR here means despite having the awareness about
the incident, the witness chose not to inform it to police. There may be
numerous reasons for not informing the police. What matters, however, is
whether the delay is explainable or unexplainable. Thus, will unexplained delay
in lodging the FIR affect the merit of the case?

In Lalita Kumari vs. Govt. of UP and Ors.[4], the Supreme Court has stressed the
fact that FIR has to be lodged as soon as possible. Any delay in FIR would result
in embellishment which is a creature of an afterthought. Due to this delay in
lodging of FIR, the case is denied of the benefit of spontaneity, and there is a
high risk of exaggerated facts or concocted story which is the end-result of
deliberation and consultation with others. Hence, it should be made at the
earliest possible time, to protect the evidentiary value of FIR.

Delay in lodging of FIR will not intrinsically affect the merit of the case, as it is a
curable irregularity. However, the court will become suspicious of the incident,
along with the informant. That informant of FIR later has to appear as a witness
in court, and there the prosecution can use the FIR for corroboration. If the court
finds the delay to be undue, and not reasonably explained, the evidentiary value
of the informant’s testimony gets reduced. Nevertheless, if there are other
cogent evidence regarding the incident, then it can lead to an ultimate
conviction. But, if the testimony of the witness was pivotal evidence, and it
becomes weak due to delay, then the accused in such cases can be given the
benefit of doubt and ultimately acquitted.

19.Explain the procedure regarding the granting of bail in cases of bailable

and nonbailable offences.

Introduction
Article 21 of the Constitution of India guarantees the protection of life and
personal liberty to all persons. It guarantees the fundamental right to live with
human dignity and personal liberty, which in turn gives us the right to ask for
bail when arrested by any law enforcement authority.

Bail Provisions Under CrPC

The term ‘bail‘ is nowhere defined in the Criminal Procedure Code, 1973.
However, bail provisions have been defined in CrPC under sections 436-450.
The first schedule of CrPC also defines which offences are bailable and which
are not. Generally, non-bailable offences are more heinous crimes.

Bail in Bailable Offence

Section 436 of CrPC deals with provisions for bail in bailable offences. This
provision is mandatory in nature, and the police or the court has no discretion
over it.

Case Law: Vaman Narayan Ghiya vs the State of Rajasthan: The apex court has
held that no jurisdiction lies to any court while granting bail under section 436
CrPC except asking for security.

Bail in Non-Bailable Offence

Section 437 of CrPC deals with provisions for bails regarding non-bailable
offences. It is based purely on the discretion of the court (other than the High
Court and Sessions court).

Case Law: Kalyan Chandra Sarkar vs Rajesh Ranjan: The apex court observed
that the detention of the accused in non-bailable offences could not be
questioned as being violative of Article 21 of the Constitution.

Stages or Types of Bail

1. Anticipatory Bail
Anticipatory bail is filed before the arrest is made. In other terms, it is also
known as pre-arrest bail. The accused apprehending arrest can approach the
High Court of the concerned state for anticipatory bail application
under section 438 of CrPC. Anticipatory bail is frequently in the news, and
politicians, prominent personalities, journalists, etc., often use this.

2. Bail on Arrest

This is filed after the arrest of the accused person. Under Section 437 of CrPC,
the arrested person can approach the court for bail.

3. Bail for Convict

This is filed post-conviction by the court, and an appeal lies against the same.
When the accused has been convicted by the court and has preferred an
appeal, the accused can apply to the appellant court for bail.

4. Default Bail

When the charge-sheet is not filed in the court within the prescribed time
period or in other words, the investigation remained incomplete within the
stipulated time period; the accused is entitled to default bail.

5. Interim Bail

Lal Kamlendra Pratap Singh vs State of U.P. and Ors. (2009): Interim bail is
nowhere defined in CrPC. The concept of interim bail was started by the
Hon’ble Supreme Court in 2009, stating that interim bail be granted pending
disposal of bail application because arrest and detention of a person may
cause irreparable loss.
Rukmani Mahato vs the State of Jharkhand (2017): Here, the misuse of interim
bail came to the Supreme Court’s notice. The apex court had expressed
extreme displeasure over granting regular bail based on the pre-arrest/interim
bail of the superior court. The apex court held:

Even if the superior court dismisses the anticipatory bail plea after further
examination, the normal bail granted by the subordinate court will continue to
hold the field, rendering the superior court’s final denial of the pre-arrest bail
useless.

Here are six conditions of bail in the Criminal Procedure Code.

1. Bail in Case of Bailable Offence – Section 436

Bail in bailable cases is a matter of right. Section 436 of CrPC deals with bail in
bailable cases. This section empowers the court as well as the police to grant
bail. Any accused arrested for committing a bailable offence and is willing to
provide bail must be released with or without sureties. Provided where
such person is indigent and is unable to provide surety, such person shall be
discharged executing a bond without sureties.

2. Bail in Case of Non-Bailable Offence – Section 437

Bail in non-bailable cases is a privilege. Bail under section 437 of CrPC is

granted at the court’s discretion. A person shall not be released on bail if:

(i) the person is guilty of an offence punishable with death or imprisonment of

life;
(ii) the offence is a cognisable offence;
(iii) the person has been previously convicted of an offence punishable with
death or imprisonment of life;
(iv) the person has been convicted twice or more in the past for a cognisable
offence punishable with imprisonment for three years or more but not less
than seven years.

3. Anticipatory Bail – Section 438

It is the pre-arrest bail. Any person who apprehends his/her arrest regarding a
non-bailable offence can apply for anticipatory bail. Anticipatory bail has not
been defined anywhere in the code.

In ‘Balchand Jain vs State of MP‘, the Supreme Court specified anticipatory bail
as bail in anticipation of arrest.

In ‘Siddharam Satlingappa Mhetre vs State of Maharastra‘, the Supreme Court

emphasised that anticipatory bail is a device to secure the individual’s liberty
and neither a passport for the commission of crime nor a shield against any
kinds of accusations likely or unlikely.

4. Bail in Default: Bail Granted by Default Due to Non-Completion of

Investigation – Section 167(2)

When the investigation is not completed within 24 hours, the judicial

magistrate is empowered to authorise the custody of the accused
under section 167 of the code.

A person who is detained for committing an offence and is undergoing

investigation are eligible for bail;
(i) After 90 days when investigation relates to an offence punishable with
death or imprisonment for not less than ten years
(ii) After 60 days, if the investigation is related to any other offence

If the investigating authority fails to file a charge sheet.

5. Interim Bail

The bail granted to a person when the main bail application is yet to be
disposed of and may consume a longer time to decide. It was recently
granted to comedian Munawar Faruqui as the procedure laid down under law
for arrest was not followed.

6. Bail After Conviction – Section 389

A convicted person can get bail from the appellate court after filing the
criminal appeal under section 389(1) and (2) of CrPC.

20.What is charge? State the consequence of alteration of charge?

Charge
In simple terms, charge means informing the accused person of the grounds on
which the accused is charged. A charge is defined under Section 2(b) of the
Criminal Procedure Code, 1973 which states, the charge includes any head of
the charge when the charge contains more than one head. The case of V.C
Shukla v. State (1980) explains the purpose of framing charge is to give
intimation to the accused, which is drawn up according to the specific language
of the law, and giving clear and unambiguous or precise notice of the nature of
the accusation that the accused is called upon to meet in the course of a trial.
Form and content of a charge
Section 211 of Cr.PC constitutes essentials elements of the contents of the
charge:

1. The charge form shall state the offence for which the accused is
charged.
2. The charge form shall specify the exact offence name for which the
accused is charged.
3. In case there is no specific name given under any law for the offence
which the accused is charged with, then the definition of the offence
must be clearly stated in the charged form and informed to the
accused.
4. The law and provisions of the law to be mentioned in the charge
form.
5. The charge shall be written in the language of the court.
6. The accused shall be informed about his previous allegations which
would expose him to enhanced punishments if found guilty for the
offence charged.
In the case of Court in its motion v Shankroo (1982), the court held that mere
mentioning of the Section under which the accused is charged, without
mentioning the substance of the charge amounts to a serious breach of
procedure.

In Dal Chand v State (1981), the court held that defect in charge vitiates the
conviction.

Alteration of charge and the procedure to follow such alteration

Section 216 of Cr.PC explains that courts shall have the power to alter or add
to charge at any time before the judgment is pronounced.

The trial court or the appellate court may either alter or add to the charge
provided the only condition is:

• Accused has not faced charges for a new offence.

 • Accused must have been given the opportunity of meeting and
defending the charge against him.
After such alteration or any addition made to the charge, the charge shall be
explained to the accused as to enable him to prepare to meet the fresh
challenges.

If the court concludes that the alteration or addition of the charge is likely to
be prejudiced to the accused or the prosecutor then the court may proceed
with the original trial or adjourn it. The case shall not move forward unless the
sanction is obtained in respect of the facts constituting the offence.

21.Discuss the power of court to release the offenders after admonition and
on probation of good conduct.
Admonition
Section 3 of the Probation of the Offenders Act,1958 deals with the power of
court to release the offender after admonition. An Admonition, in literal terms,
means a firm warning or reprimand. Section 3 says how the offender is benefited
on the basis of admonition after satisfying the following conditions:

• When any person is found guilty of committing an offence

under Section 379 or Section 380 or Section 381 or Section
404 or Section 420 of the Indian Penal Code,1860 or any offence
punishable with imprisonment for not more than two years, or with
fine, or with both, under the Indian Penal Code, or any other law
• An offender should not previously be convicted for the same offence.
• The Court considers the nature of the offence and the character of the
offender.
• The Court may release the offender on probation of good conduct
applying Section 4 of the Act, instead of sentencing him.and,
• The Court may release the offender after due admonition, instead of
sentencing him.

Case laws

1. Keshav Sitaram Sali v. The State of Maharashtra, AIR 1983 SC 291 – In

this case, the appellant was an employee of the Railways at the Paldhi
Railway Station. He abetted the execution of a charcoal theft crime
 committed by Bhikan Murad in the case before the Special Judicial
Magistrate First Class (Railways), Bhusawal, on the charges of charcoal
stealing. The learned Magistrate acquitted the appellant of that crime,
and the State Government filed an appeal before the Bombay High
Court against the acquittal judgment passed by the learned Magistrate.
He was charged with a fine of Rs. 500 and in default of payment,
rigorous imprisonment for two months. The subject matter of theft
was a quantity of coal valued at Rs. 8. The Supreme Court held that in
case of minor thefts, the High Court should extend the benefit of
Section 3 or Section 4 of the Probation of Offenders Act,1958 or Section
360 of the Code of Criminal Procedure,1973 rather than imposing fines.
2. Basikesan v. The State of Orissa, AIR 1967 Ori 4 – In this case, a 20-year-
old was found guilty of an offence under Section 380 of the Indian
Penal Code,1860. It was held that the youth had committed the offence
not deliberately and so the case must be applied for Section 3 of the
Probation Act and be released after admonition.
3. Ahmed v. The State of Rajasthan, AIR 1967 Raj 190 – In this case, the
court said that the benefit of the Probation of the Offenders Act does
not extend to anyone who has indulged in any activity that resulted in
an explosive situation leading to communal tension.

Probation on good conduct

Section 4 of the Probation of the Offenders Act,1958 talks about the release of
the offender on the basis of good conduct. It is a very important Section of the
Act. The important points that must be remembered for the application of this
Section are:

• Section 4 of the Act is not applicable if the offender is found guilty of

an offence with death or imprisonment for life.
• The Court has to consider the circumstances of the case including the
nature of the offence and the character of the offender.
• The court may pass a supervision order to release the offender on
probation of good conduct. The supervisory period is not to be shorter
than one year. The probation officer must supervise the individual for
such a span in such a situation. In the supervisory order, the name of
the probation officer should be listed.
• The Court can direct the offender to execute a bond, with or without
sureties, to appear and receive sentence when called upon during such
 period which should not exceed a period of three years. The court may
release the offender on good behaviour.
• The Court may put appropriate conditions in the supervision order and
the court making a supervision order explain to the offender the terms
and conditions of the order. Such supervision order should forthwith
be furnished to the offender.
• Probation officer’s report is not compulsory to enforce this rule, but if
the information is required on record, the Court shall take into account
the probation officer’s information before granting a probation order
for good behaviour.

Case laws

1. Smt. Devki v. The State of Haryana, AIR 1979 SC 1948 – In this case, it
was observed that Section 4 would not be extended to the abominable
culprit who was found guilty of abducting a teenage girl and forcing her
to sexual submission with a commercial motive.
2. Dalbir Singh v. The State of Haryana, AIR 2000 SC 1677 – In this case,
the court took the opinion that it is appropriate for the defendant to
be placed on probation for his good conduct, given that the facts of the
situation are needed to be taken into account. One of the
circumstances informing the aforementioned opinion which cannot be
omitted is “the essence of the offence.” Thus, Section 4 can be
redressed where the court recognizes the circumstances of the
situation, in particular the “character of the crime,” when the court
decides whether it is reasonable and necessary for the execution of a
defined reason that the defendant should be released on the grounds
of good conduct.
3. Phul Singh v. the State of Haryana, AIR 1980 SC 249 – In this case, the
court held that the provision of Section 4 should not be mistaken and
applied easily in undeserving cases where a person in early twenties
commits rape. The court, thus, refused the application of probation on
such heinous nature of crime and convicted the person.

22.What is arrest? State the circumstances under which a person can be

arrested without warrant?
Introduction:
We use the term ‘arrest’ quite often in our day to day business. Normally we see
a person who does or has done something against the law to be arrested. The
term arrest can be defined as, “a seizure or forcible restraint, an exercise of
power to deprive a person of his or her liberty”. In the criminal arrest of a person
is an important tool for bringing an accused before the court and prevent him
from escaping.

Thus after an arrest, a person’s liberty is under full control of arrester. But every
deprivation of liberty or physical restraint should not be interpreted as the
arrest. Only the deprivation of liberty by a legal authority in a professionally
competent and skilful manner amounts to arrest.

The major purpose of arrest is to bring the person before a court and secure
administration of law. An arrest also serves the purpose of notifying the society
that a particular individual has committed an act which is against the society and
act as a remark to deter crime in the future.

Arrest without a Warrant

A person can be arrested by police officers or any private person without

warrant ordered by the court. Particularly the police officers may arrest a person
without a warrant under certain conditions. The conditions to arrest a person
without warrant mentioned under Section 41 of the Code of Criminal
Procedure are as follows.

• A person who is concerned with any cognizable offences such as

murder, rape, theft etc. can be arrested without a warrant. Cognizable
offences are the offence, for which a police officer in accordance with
the first schedule of CrPC or guided by any other law for the time being
in force, can arrest without warrant.
• Cognizable offences are those offences which are very serious in
nature. Example unnatural offences, rape, kidnapping etc. If any
cognizable offence has been committed, a police officer can investigate
without the magistrate’s permission.
Section 154 of CrPC provides that, “under a cognizable offenses, if the police
officer receives any information relating to the commission of a cognizable
offence, if given orally shall be reduced to writing and be read over to informant,
whether given in writing shall be reduced to writing and shall be signed by the
informant and substance shall be entered in a book to be kept by officer in form
prescribed by state government”.

Section 154 provides further that, “if any person aggrieved by a refusal on the
part of the officer in charge of police station, may send the substance of such
information by post to Superintendent of Police, who is satisfied that such
information discloses any commission of cognizable offences, shall either
investigate himself or direct an investigation to be made any police officer
subordinate to him”.

• Who has been in possession of any housebreaking weapon without any

lawful excuse?
• Who has been proclaimed as an offender either under CrPC or any
other order by State government or any law in force?
• Who obstructs any police officer while performing his duty or who have
escaped or make attempts to escape from lawful custody.
• Who has been concerned in any law or against whom a reasonable
complaint has been made or credible information has been received,
of his having been involved in an act committed at any place outside
India, if committed in India would be punishable of an offence and for
which he is under law relating to extradition or otherwise, liable to be
apprehended or detained in custody of India.
• Who is reasonably suspected of being a deserter from any of the
Armed forces of Union?
• Who, being released as a convict, commits a breach of any rule
mentioned under sub-section 5 of section 356 i.e. the state
government may be notification make rules to carry out the provisions
of this section relating to the notification of residence or change of or
absence from, residence by released convicts.
• For whose arrest any requisition has been received from another police
officer, provided that the requisition must specify the person to be
arrested and the reason for which the arrest is to be made and
therefrom it appears that the person must be lawfully be arrested
without a warrant.

23.Write a note on summary trial.

In the adversarial legal system, the parties are represented by their advocates
before an impartial person, who attempts to determine the truth and pass
judgment accordingly.

The word ‘trial’ has not been defined in the Code of Criminal Procedure, 1973
per se. According to the Black’s Law Dictionary, a trial is defined as a judicial
examination according to the law of the land, over a cause which could be either
civil or criminal before a court that has jurisdiction.

A Trial is a procedure where the Court adjudicates after hearing the case from
both sides. It gives a fair opportunity to examine, re-examine and cross-examine
the witnesses produced in the court. The judge delivers a judgment on the basis
of the merits of the case. It is essential that the trial is fair, prudent and without
any undue influence.

There are three kinds of trials primarily – warrant, summons and summary.
Summary Trials are mentioned in Chapter XXI of the Code of Criminal
Procedure,1973. In this trial, the cases are disposed of speedily as the procedure
is simplified and the recording of such cases are done summarily.

In this type of trial, only the offences which fall into the small/petty category are
tried. Complex cases are reserved for warrant or summons trial. To determine
whether a case should be tried summarily, the facts stated in the complaint form
the primary basis. The objective of summary trials is the expeditious disposal of
cases to lessen the burden on the judiciary. The trial gives a fair opportunity to
people for procuring justice in less time.

Powers

The power to try a case summarily is laid down under Section 260 of the Code
of Criminal Procedure, 1973.

The provision bestows power to any Chief Judicial Magistrate, Metropolitan

Magistrate or Magistrate of the first class empowered by the High Court to try
the following offences summarily:

1. Offences which are not punishable with death, imprisonment for life or
imprisonment for more than two years.
 2. The offence of theft under Section 379, 380 or 381 of the Indian Penal
Code, 1860 if the value of the stolen property is not more than 2000
rupees.
3. An offence where a person has received or retained a stolen property
worth not more than 2000 rupees, under Section 411 of the Indian
Penal Code, 1860
4. An offence where a person has assisted in concealing or disposing of
stolen property, not worth more than 2000 rupees, under Section
414 of the Indian Penal Code, 1860
5. Offences covered under Section 454 and Section 456 of the Indian
Penal Code, 1860
6. If a person insults with the intention of provoking a breach of peace
under Section 504 of the Indian Penal Code, 1860
7. In the case of criminal intimidation punishable with imprisonment up
to two years or fine or both, under Section 506 of the Indian Penal
Code, 1860.
8. The abetment of any of the above-mentioned offences
9. If an attempt is made to commit any of the aforementioned offences
and if such an attempt is a punishable offence
10.If an act is committed which constitutes an offence, for which a
complaint can be filed under Section 20 of the Cattle Trespass Act,
1871

24.Explain constitution and powers child welfare committee.

Constitution:
A person appointed to the Committee must have been actively involved in
child health, education, or welfare activities for at least seven years or be a
practising professional with a degree in child psychology, psychiatry, law, social
work, sociology, or human development. This further helps ensure that those
involved with the care and protection of children are sensitive to the issue and
the needs of the children and will be competent enough to successfully come
up with a plan to ensure their physical and mental wellbeing.

The Committee should meet at least twenty days a month to ensure that the
transaction rules and procedures are followed at its business sessions. When
the Committee pays a visit to an existing child care institution, a Committee
meeting is held. When the Committee is not in session, and a kid in need of
protection and care needs to be placed in a Children’s Home or a fit person, he
must be brought before an individual member of the Committee. If there is a
disagreement of opinion among the Committee members, the majority’s
opinion will take precedence. If there is no such majority, the Chairperson’s
viewpoint will be taken into account.

Powers of the Child Welfare Committee

• The Committee has complete responsibility for situations involving

the care, protection, and treatment of children.
• The Committee may also hear matters concerning the development,
rehabilitation, and safety of needy children and providing basic needs
and security for the children.
• When a Committee is formed for a specific area, it has the authority
to solely deal with all procedures filed under the provisions of this Act
that are relevant to children in need of care and protection.
• While exercising the powers granted to it by this Act, the Committee
is prohibited from doing anything that would violate any other
legislation in effect at the time.

Functions of the Child Welfare Committee

• Children who have been neglected or abused must appear before the
Committee. In turn, the Committee should be informed of the
children who are being brought to it.
• To investigate to determine who is qualified to care for children in
need of care and protection.
• To direct the placement of a child in a foster care facility.
• To direct Child Welfare Officers, District Child Protection Units, and
Non-Governmental Organizations to conduct social investigations and
report to the Committee.
• Under this Act, an inquiry into concerns relating to and affecting
children’s safety and well-being is to be conducted.
 • To provide care, protection, restoration, and appropriate
rehabilitation to children who require care and protection. The child’s
individualized care plan determines this. It also includes giving
required instructions to parents, guardians, or persons who are fit
and children’s homes or fitness facilities.
• To confirm the parents’ performance of the surrender deed and
ensure that they are given time to think about their decision and
rethink to keep the family together.
• To ensure that all attempts are taken to reunite lost or abandoned
children with their families in accordance with the Act’s
requirements.
• After a thorough investigation, declare children who are orphans,
abandoned, or surrendered legally free for adoption.
• Taking suo-moto cognizance of cases and reaching out to minors in
need of care and protection.
• To take action against the rehabilitation of children who have been
sexually assaulted and reported to the Committee, the Special
Juvenile Police Unit, or the local police as children in need of
protection and care.
• To collaborate with other departments concerned with the care and
protection of children. These agencies include the police, the labour
department, and others.
• In a child abuse report, undertake an investigation and make
recommendations to the police or the District Child Protection Unit.

Conclusion

To conclude, it would be a safe bet to say that establishment of bodies like the
Child Welfare Committee is an important step that ensures the protection of
vulnerable children from harm, to an extent. Living in an abusive environment
or even simply an neglectful climate can lead to severe psychological damage
that can further develop criminalistic tendencies in some cases. Taking
cognizance of the bad situations children can be caught in and vowing to get
them the help and care they deserve is the first step to ensuring that the
children of our society grow up to be adults we all can be proud of.
25.Explain the circumstances under which a police officer may arrest a
person without warrant and state the circumstances in which a private
person can arrest.
Refer Q.No.22

26.Explain investigation, inquiry, trial and inquest.

Investigation
Investigation has been defined under Section 2(h) of CrPC. Investigation
includes all the proceedings under the Code required for the collection of
evidence. It is conducted by a Police Officer or by any person other than a
magistrate, who has been authorized by the magistrate on this behalf.

Steps of Investigation

• Proceeding to the spot where the offence has been committed.

• Ascertain the facts and circumstances of the case.
• Discovery and arresting the suspected offender.
• Collecting evidence of the offence that may consist of:
o Examination of various persons (including accused) and
reduction of his statement into writing, if it is deemed fit by
the officer.
o The search and seizure that are considered necessary for
investigation and to produce before trial.

Who has the Authority to Investigate?

The police officer or any other person who has been authorized by a Magistrate
on his behalf is competent to investigate.

Commencement of Investigation

There are two ways to commence the investigation:

• The police officer in charge has the authority to investigate when the
FIR is lodged.
 • When the complaint has been made to the Magistrate then any person
who has been authorized by the Magistrate can investigate in this
regard.

Malafide Investigation

If investigating agencies conduct mala fide investigation, then it is open to

correction by invoking the jurisdiction of the High Court.

Gurman Singh v. State of Rajasthan, 1968

In this case, the Investigating Officer and the Station House Officer had received
information about a murder from an unknown place. It was held that before the
investigation commences a Magistrate should take cognizance of the offence.

State v. Pareshwar Ghasi, 1967

In this case, it was observed by the court that etymologically, the meaning of
term investigation is that which includes any process involving sifting of
materials or search of any relevant data for the purpose of ascertaining facts in
issue in a matter in hand.

Inquiry

An inquiry is done either by a Magistrate or it is done by the Court but not by a

police official. Investigation differs from inquiry.

According to Section 2(g) of The Code of Civil Procedure, Inquiry includes every
inquiry except for a trial conducted under this Code, that is done either by a
Magistrate or by the Court. The inquiry relates to the proceedings that are
carried out by the Magistrate before a trial is done.

Inquiry includes all the enquiries that are conducted under this code but it does
not include the trials that are conducted by a Magistrate.

Section 159 of CrPC empowers the Magistrate on a receipt of a police report

under Section 157 of CrPC, to hold a preliminary enquiry to ascertain whether
an offence has been committed. If the offence has been committed then,
whether any person should be put upon trial.
Types of Inquiry

• Judicial Inquiry
• Non-Judicial Inquiry/ Administrative Inquiry
• Preliminary Inquiry
• Local Inquiry
• Inquiry into an offence
•Inquiry related to matters other than an offence
Under Section 159 of CrPC, the Magistrate is empowered to hold a preliminary
inquiry on receipt of the police report under Section 157 of CrPC, to ascertain
whether an offence is committed and if an offence has been committed then
whether any person has to be put upon trial.

The cases which are triable by the Session Court, the commencement of their
proceedings take place before a Magistrate. The proceedings can be in the
nature of an inquiry preparatory to send the accused for trial before the court
of Session.

Magistrate also conducts an enquiry in the cases which are triable by himself
under Section 302 of CrPC. If a complaint is filed before a Magistrate, the
Magistrate examines the witnesses and the complainant on an oath to find out
if there is any matter for the investigation that has to be carried out by a criminal
court.

If the Magistrate distrusts the statement made by the complainant and the
witnesses, the Magistrate may dismiss the complaint.

The result of the investigation or inquiry does not establish sufficient ground to
proceed with the case. All these proceedings are done in the nature of the
inquiry.

Trial

The Code of Criminal Procedure does not define the term trial. A trial is a judicial
proceeding that ends in either a conviction or acquittal but does not discharge
anyone. It is examination and determination by a judicial tribunal over a cause
which has jurisdiction over it.
The trial begins in a warrant case with the framing of the charge when the
accused is called to plead thereto. In a summons case, it is not necessary to
frame a formal charge, the trial starts as soon as the accused is brought before
the magistrate and the particulars of the offence are stated to him. The case
which is exclusively triable by a session court, there the trial begins only after
committal proceedings done by the Magistrate. Appeal and revision are
included in the term trial, they are a continuation of the first trial.

In a criminal trial, the function of the court is to find out whether the person
who is produced before the court as accused, is guilty of the offence with which
he has been charged. To hold that the accused is guilty of the offence with which
he has been charged, the purpose of the court is to scan the material on record
to find out whether there is any trustworthy and reliable evidence on the basis
of which it is possible to find the conviction of the accused.

There are generally three types of trials:

• Trial by Court of a session.

• Trial by a magistrate (can we summon or warranty case).
• Summary trials.

Inquest report
The term ‘inquest’ has not been outrightly defined in the Code. The meaning of
inquest is to seek legal or judicial inquiry to ascertain the facts. According to
the Black’s Law Dictionary, the term ‘inquest’ means an inquiry conducted by
the medical officers or sometimes with the help of a jury into the manner of
death of a person, who has died under suspicious circumstances or has died in
prison. The provisions relating to the inquest report are covered under Chapter
XII of the Code.

An inquest report is made primarily to look into the causes of unnatural death.
In the case of unnatural death, the circumstances have to be examined. The
State owes a duty to its citizens to ensure their health and life. When a crime is
committed, it is committed against the State. In the circumstances of unnatural
death, it is the duty of the State to ascertain the cause of death and accordingly
take further measures. This is the purpose of an inquest report, to establish facts
that can be used to apprehend and punish the offender.
Relevant provisions under the code

Under Section 174 of the Code, the police have been empowered to enquire and
report on cases of unnatural death. The first clause to the provision states that
when an officer-in-charge of a police station or some police officer who is
empowered by the State Government receives information that:

1. A person has committed suicide;

2. A person has been killed by another;
3. A person has been killed by an animal;
4. A person has been killed by machinery;
5. A person has been killed by an accident;
6. A person has died under such circumstances which raise a reasonable
suspicion that some other person has committed an offence.

27.What is taking cognizance of offence? Whether is it obligatory? Discuss

limitations on the powers of court to take cognizance of offence.
‘Cognizance’’ in general meaning is said to be ‘knowledge’ or ‘notice’, and taking
‘cognizance of offences’ means taking notice, or becoming aware of the alleged
commission of an offence. The dictionary meaning of the word ‘cognizance’ is
‘judicial hearing of a matter’. The judicial officer will have to take cognizance of
the offence before he could proceed with the conduct of the trial. Taking
cognizance does not involve any kind of formal action but occurs as soon as a
magistrate as such applies his mind to the suspected commission of an offence
for the purpose of legal proceedings. So, taking cognizance is also said to be the
application of judicial mind.

It includes the intention of starting a judicial proceeding with respect to an

offence or taking steps to see whether there is a basis for starting the judicial
proceeding. It is trite that before taking cognizance that court should satisfy that
ingredients of the offence charged are there or not. A court can take cognizance
only once after that it becomes ‘functus officio’.

Cognizance of offences by Magistrate

In Section 190, Any Magistrate of the first class and the second class may take
cognizance of any offence-

1. Upon receiving a complaint of facts related to offences.

2. Upon police reports of facts.
3. Upon information received from a person (other than a police officer),
or upon his own knowledge.
In Section 190(2), it is given that Second class magistrate can be empowered by
Chief Judicial Magistrate to take cognizance under Section 190(1).

Limitations on the power to take cognisance

Prosecutions for contempt of the lawful authority of public servants

According to Section 195(1)(a), “Court will not take cognizance to those cases
which punishable under Section 172 to Section 188 of Indian Penal Code unless
a written complaint is made by a public servant.” Section 172 to 188 of IPC deals
with offences related to contempt of public servant. The court will not take
cognizance in case of an attempt, conspiracy, abetment of offence given in
Section 172 to 188 of IPC.

According to Section 195(2), ‘‘Court will not further proceed with the trial when
the order of withdrawal is given by a superior officer of a public servant (who
has complained).’’ Provided that if trial in the court has been concluded then no
such withdrawal shall be ordered.

Prosecution for offences against public justice

According to Section 195(1)(b)(i), ‘‘Court will not take cognizance to those cases
which are offensive under Section 193 to 196, 199, 200, 205 to 211 and 228 of
Indian Penal Code unless a written complaint is made by that court or by some
other court to which that Court is subordinate.” Above mentioned sections of
IPC deals with offences against public justice. The court will not take cognizance
in case of an attempt, conspiracy, abetment of offences against public justice.

Prosecution for offences relating to documents given in evidence

According to Section 195(1)(b)(ii), ‘‘Court will not take cognizance to those cases
which offensive under Section 463, or punishable under Section
471, 475 or 476 of the IPC unless a written complaint is made by that court or
by some other court to which that Court is subordinate.” Above mentioned
sections of the IPC deals with offences related to documents given in evidence.
The court will not take cognizance in case of an attempt, conspiracy, abetment
of offences relating to documents given in evidence.

Section 195(3) deals with the meaning of ‘court’ in Section195(1)(b). ‘Court’

means a Civil, Revenue or Criminal Court, and included a tribunal constituted by
or under a Central, Provincial or State Act if that Act has declared as Court for
the purpose of this section.

Prosecution for offences against the state

According to Section 196(1), ‘‘Court will not take cognizance to those cases
which punishable under Chapter VI (Of Offences against the State) or
under Section 153A, Section 153B, Section 295A or Section 505 of Indian Penal
Code except with the consent of the Central Government or of the State
Government.”

Above mentioned sections of IPC deal with offences against the state. Chapter
VI of IPC deals with the offence against the state. Section 153A of IPC deals with
harmony, 295A deals with the offence of statements which result in
infringements of religious belief. Section 505 deals with an offence related to
public mischief.

Prosecution for the offence of criminal conspiracy

According to Section 196(2), “Court will not take cognizance to offences of any
criminal conspiracy under Section 120B of Indian Penal Code (other than a
criminal conspiracy to commit a cognizable offence punishable with death,
imprisonment for life or rigorous imprisonment for two a term of two years or
upwards) unless consent in writing is given by the State Government or the
District Magistrate to initiation of the proceedings.”

Where Criminal Conspiracy under Section 195 applies, no such consent shall be
necessary.
According to Section 196(3), “A preliminary investigation by a police officer (not
below the rank of inspector) is necessary before giving consent by Central
Government, State Government or District Magistrate.”

Prosecution of Judges and Public Servants

According to Section 197(1), “Court will not take cognizance to offences done by
Judges, Magistrates or any Public Servants during the course of employment
unless consent in writing is given by the State Government(when offender is
under course of employment of state government) or the Central
Government(when offender is under course of employment of central
government) to initiation of the proceedings.” In the case of State emergency in
any state, only Central Government will give consent for such proceedings.

There is no consent requires for cognizance when Judges, Magistrate or Public

Servants has done offence which is punishable under Section
161A, 161B, 354A to 354D, 370, 376, 376A, 376B, 376C and 509 of Indian Penal
Code.

Prosecution of members of Armed Forces

According to Section 197(2), “Court will not take cognizance to offences done by
any member of the Armed Forces of the Union during the course of employment
unless consent given by the Central Government.”

According to Section 197(3), “Section 197(2) will also apply to such class or
category of the members of Forces charged with the maintenance of public
order.”

According to Section 197(4), “The Central Government and the State

Government may determine the person who will prosecution of such Judge,
Magistrate or public servant.”

28.Define the term charge. For every distinct offence there is a separate
charge and separate trial discuss.
Refer Q.No.06.
29.Explain the process to compel the production of things before the criminal
courts under Cr.P.C.

Introduction:

It is necessary to the court for a compulsion to produce the things. It follows

the principle of natural justice that the accused of any offence should be given
an equal chance to be heard and to defend himself. The law regarding
processes to compel the production of documents or things is laid down in
section 91 to section 105 of the CrPC,1973. The court when thinks fits or is of
opinion that the production of such a thing is necessary then the court may
issue summons to produce the same. The police officer or authorized person is
required to be work efficiently according to the rules and regulations. This is a
broad topic which includes search warrants, production of summons, seizure,
the power to impound, etc.

Brief explanation:

1. Issuance of Summons:

i. When the court is of opinion that it is necessary to produce the

things for the purpose of trial, the inquiry then in such case the
court may issue a summons for production.
ii. the person who is required to produce a document or thing under
this section shall be deemed to have complied with all the
requirements if he causes such things to be produced instead of
physically attending it personally to produce the same.
iii. In case such things are under the possession of another person
then it requires him to attend and produce things on time and
place as mentioned in the summons.
iv. That person is not obliged to attend personally, he may send such
things or documents through another person.
2. Letters and telegrams:

i. The documents or things which are important to produce are

under the custody of the telegram authority then the court may
require the postal telegraph authority to produce the things or
documents.
ii. In simple terms, it can be invoked when a document or thing is in
the custody of the postal and telegraph authority.
3. Search warrant:

i. Search warrants are written authority given to a police officer or

other person by a competent magistrate or court for the search of
any place either generally or for specific things or documents or
for a person wrongfully confined.
ii. Search warrant may be issue when the court is of opinion that the
person who has received the summons will not produce the
documents or things.
iii. Where the document is not known to the court that the
possession is with such person.
4. Search of suspected places:

i. If the court is of opinion that the place is used for the deposit of
stolen property then the court may authorize any police officer.
ii. To enter such place in the same manner as specified in the
warrant.
iii. To take the possession of any property found at the suspicious
place
iv. To convey the property before the magistrate
v. To take into custody such things and carry before the magistrate
vi. Such suspicious or objectionable object includes counterfeit
currency notes, counterfeit coins, forged documents, false seals,
obscene objects, obscene object etc.
5. Declare the publication forfeited and issue the warrant:

i. When any matter is published in any document or book whenever

printed and contain the forfeited matter then any police officer
seizes such documents by issuing a warrant issued by the
magistrate.
ii. State Government by its notification declares the documents or
things forfeited then only the police officer is empowered to
search and seizure.
6. Application to High court to set aside the declaration of forfeiture:

i. When the forfeiture is made in the newspaper, book or any

document then within the date of publication of such declaration
in the official gazette then such person apply to the High court to
set aside the declaration.
 ii. In case of three or more judges then heard and determined by
special bench of High Court on the other hand when judges are
less than three or more judges such special bench shall be
composed of all the judges.
iii. If there is a difference of opinion among the judges, the majority
decision will prevail
7. Search of persons wrongfully confined

i. The magistrate is of opinion that any person is confined under

such circumstances that such act amounts to an offense then the
magistrate may issue a search warrant.
ii. Search shall be made in accordance therewith and the person on
being found shall be instantly taken before the magistrate and
shall make such order as in the circumstances of the case seems
proper.
8. Restoration of abducted females

When the complaint is made that unlawful detention of woman or female child
is made for an unlawful reason then the magistrate of First-class may make an
order for immediate restoration of such woman or female child to their
parents or guardian.

9. Permission to allow search at close place

i. Whenever the inspection is of the closed place then in charge of

such person on demand of the authorized person and production
of warrant search will take place.
ii. In the case of suspected concealing, the search should be made. If
the person is a woman then the search shall be made by the other
lady.
iii. The occupant of such place searched is permitted to attend during
the search and the list of the copies prepared has to be signed by
the witness.
10. Disposal of things found in search

When the things are found disposed of in the other jurisdiction, then such
things shall be immediately taken before the court who has issued the warrant.
11. Seize certain property

i. The Police officer has power or authority to search any property

which is suspected to be stolen or something or it may show the
suspiciousness of an offence.
ii. In case the police officer is subordinate then a report has to be
made to the officer by the subordinate officer.
12. Direction by the magistrate:

The magistrate has the power to direct a search to be made in his presence but
for such direction, he is competent to issue a search warrant.

13. Power to impound the document:

The meaning of the word impound is to seize. The court if it thinks fit may
impound the document or things before the courts.

14. Reciprocal arrangement:

i. The courts can exercise its power where the court extend by issuing following
that will be served or will be executed at any place.

1. S. Kuttan Pillai v. Ramkrishnan [1]

In this case the constitutional validity of the search warrant was arise. It was
held by the court that the accused will not be forced or compelled to give the
evidence against himself. Thus, search warrant is not violative of the provision
of the constitution.

2. Kalinga tubes ltd v. D. Suri [2]

it was held by the court that the search warrant is to be used with proper
caution and with due care. The police officer has to work effectively according
to the rules and regulations.

30.Who are probation officers? Explain the duties of probation officers under
the probation of offender’s act.
Who is a Probation Officer

A probation official is a court officer who regularly meets people sentenced to

a supervised probation period. Generally, these people are perpetrators and
lower-level criminals. The majority of the offenders placed on probation are
first time offenders. Placing any one on probation is a way for the court to
prevent offenders from incarceration. Many that are on probation live in our
neighbourhoods, stay home, are working or participating in an educational
program, and raise their children. The justice system’s objective is to have a
person who is put on probation as a responsible member of society while
retaining contact with his or her family and community support sources. Once
on probation, a person may be ordered to engage in an evaluation of drug
abuse or domestic violence to determine if treatment is necessary. Moreover,
by doing Breathalyzer or urinalysis tests, people may need to assist in tracking
sobriety. Another typical condition is for an individual to continue his/her
education and/or work.

Refer Q.No.14 for duties of probation officer.

31.Briefly discuss the release of offenders on probation or due to

admonition?

Refer Q.No.21.

32.Explain the law relating to maintenance of wives, children and parents.

Introduction:

Section 125 of the code of criminal procedure provides that any person
having sufficient means to maintain himself cannot refuse the maintenance
to the wife, children, and parents if they are unable to maintain
themselves.

After a party invoked Section 125 of the Code, the court may order the
respondent, that is the husband, to provide monthly maintenance to his
wife who is unable to support herself. For the purpose of giving
maintenance to the wife, the husband has to be sufficient enough to
maintain his wife after the separation and at the same time, the wife must
not be doing adultery or living separately with her husband without any
sufficient reasons. Even if they live separately with mutual consent, then
also the wife will not be entitled to any type of maintenance. Whenever a
judgment passes in favor of the wife, the court must ensure that the
husband has sufficient means to provide maintenance. The court is also
required to make sure that the wife after the separation does not have
sufficient money to support herself.

The purpose of Section 125 CrPC was discussed in the case of K. Vimal v.
K. Veeraswamy 1991 SCC (2) 375, where it was held that Section 125 of the
Code had been introduced for achieving a social purpose. The purpose of
this section is the welfare of the wife by providing her with the necessary
shelter and food following her separation from the husband. It was held in
this case that if the wife has lived like a wife and the husband had treated
her like a wife for all the years prior to their separation then the wife
cannot be denied maintenance by her husband.

Persons entitled to claim maintenance: The following person is entitled to

claim maintenance as per section 125(1) of CrPC, under some
circumstances:
Wife: If any person as per Section 125(l) (a) of the Code have sufficient
means but neglects or refuses to maintain his wife, who is not able to
support herself, a Magistrate of the first class may, upon proof of such
refusal or neglect, direct such person to give a monthly allowance for his
wife’s maintenance at such monthly rate the Magistrate deems fit, and to
pay the same to such person as the Magistrate may direct from time to
time. Here ‘wife’ includes a woman who has been divorced or has obtained
a divorce from her husband and has not remarried.
‘Wife’ for the meaning of Section 125 means a legally married woman. As
per Section 125(l)(a) of CrPC, a maintenance allowance could not be given
to every wife who is neglected by her husband or whose husband deny to
maintain her, Instead, this can only be given to a wife who is unable to
support herself but not to a wife who is maintaining herself with a certain
difficulty. By the phrase ‘unable to maintain herself’, it is not meant that
she must be completely destitute and should be first on the street, should
beg and be in worn-out clothes, and then only she will be entitled to file an
application under Section 125 of the Code.
Mohd. Ahmed Khan v. Shah Bano Begum, 1985 (2) SCC 556: In this case, it
is declared that a Muslim husband with sufficient means must provide
maintenance to his divorced wife who is not able to maintain herself. Such
a wife is entitled to get the maintenance even if she refuses to live with the
Muslim husband because he has contracted another marriage within the
limits of four wives allowed to him by the Quran.
The Supreme Court Bench held that a Muslim divorced woman who cannot
maintain herself is entitled to maintenance from her former husband until
she remarries.
They dismissed the plea that maintenance is payable for the iddat period
only. The judges also rejected the contention that deferred Mahr is a
payment on the wife’s divorce and thus such payment under the personal
law excludes the payment of any maintenance by the husband to the wife.
The Supreme Court held that in case of any conflict between personal law
and Section 125, then it is clear from the language of Section 125 that it
overrules the personal law.
Child: As per Section 125(1)(b) of the Code, if any person who have
sufficient means but refuses to support his legitimate or illegitimate minor
child, whether married or not, who is unable to maintain themselves or
according to Section 125(1)(c) of the Code, his legitimate or illegitimate
child (not a married daughter) who has reached majority, where such child
due to any physical or mental abnormality or injury are not able to maintain
themselves. A magistrate of the First class upon finding such neglect or
refusal may order such person to grant a monthly allowance for the
maintenance of such child, at such monthly rate as the magistrate deems
fit, and to pay the same to such person as the Magistrate may direct from
time to time.
Here ‘minor’ means a person who does not attain the age of majority under
the provisions of the Indian Majority Act, 1875.
Father or Mother: According to Section 125(l)(d) of the Code, if any person
who has sufficient means, but neglects or refuses to maintain his father or
mother, not able to support himself or herself, a Magistrate of the first
class may upon finding proof of such neglect or refusal may order such
person to provide a monthly allowance for the maintenance of his parents,
at such monthly rate the Magistrate deem fit, and to pay the same to such
person as the Magistrate may direct from time to time.
The daughter whether she is married or unmarried will also be liable to
maintain the parents.
Essential conditions for granting maintenance:
Sufficient means to maintain: According to Section 125(1) of the CrPC, the
person from whom maintenance is claimed must have sufficient means to
maintain the person or persons claiming maintenance. Here, the
expression ‘means’ does not signify only visible means such as real
property or definite employment.
The words ‘sufficient means’ should not be confined to the actual
pecuniary resources but should have reference to the earning capacity. If
a person is healthy and capable, he must be held to have the means to
support his wife, children, and parents. The capability of a person to pay
must be proved to fix the quantum of maintenance.
Neglect or refusal to maintain: As per Section 125(1) of the Code, the
person from whom maintenance is claimed must have neglected or refused
to maintain the person or persons entitled to claim maintenance. Neglect
means a default or omission in the absence of demand whereas ‘refuse’
means a failure to maintain or a denial of obligation to maintain after
demand.
Person claiming maintenance must be unable to maintain himself or
herself: As the object of Section 125 of the Code is mainly to avoid
vagrancy; the requirement to pay maintenance should be only in respect
of persons who are unable to maintain themselves. The inability of the wife
to maintain herself is a condition precedent to the maintainability of her
application for maintenance. The maintenance has to be decided in light of
the standard of living of the person concerned. The amount of maintenance
should be such that the woman should be in a position to maintain herself
and that it should not be much below the status which she was used to at
the place of her husband.
Special requirements where maintenance is claimed by wife:
The wife must not be living in adultery: As per Section 125(4) of the Code
of Criminal Procedure, no wife shall be entitled to receive an allowance for
the maintenance or the interim maintenance and expenses of the
proceeding, as the case may be, from her husband under Section 125 if she
is living in adultery. The term ‘living in adultery’ means outright adulterous
conduct where the wife lives in a quasi-permanent union with the man with
whom she is committing adultery.

Wife must not refuse without sufficient reasons to live with her
husband: According to Section 125(4) of the Code of Criminal Procedure,
no wife shall be entitled to receive an allowance for the maintenance from
her husband, if she refuses to live with her husband. A wife must not refuse
to live with her husband without sufficient reason to get maintenance.
What could be considered as a sufficient reason for the wife’s refusal to
live with her husband would depend upon the facts and circumstances in
each case. As per explanation to Section 125(3) of the Code, if a husband
has contracted marriage with another woman or keeps a mistress, it shall
be considered to be a just ground for his wife’s refusal to live with him .
The wife must not be living separately by mutual consent: As per Section
125(4) of the Code of Criminal Procedure, no wife shall be entitled to get
an allowance for the maintenance from her husband if they are living
separately by mutual consent. A divorced wife cannot be characterized as
a wife living separately by mutual consent. A divorced wife is a person who
lives separately from her former husband by virtue of a change in status
consequent upon the dissolution of the marriage.
This article on CrPC section 125.
33.Write a note on juvenile welfare board.
Refer Q.No.15.
34.What do you mean by arrest? Who can arrest? Explain the rights of
arrested person.
Arrest means apprehension of a person by legal authority so as to cause
deprivation of his liberty. Thus, after arrest, a person's liberty is in control of
the arrester. Arrest is an important tool for bringing an accused before the
court as well as to prevent a crime or prevent a person suspected of doing
crime from running away from the law. Cr P C contemplates two types of
arrests - an arrest that is made for the execution of a warrant issued by a
magistrate and an arrest that is made without any warrant but in accordance
with some legal provision that permits arrest.

Section 41 to 44 contain provisions that govern the arrest of a person by police

and private citizens, while Section 46 describes how an arrest is a made.
Arrest without warrant
There are situations when a person may be arrested by a police officer, a
magistrate or even private citizen without a warrant.
Arrest by Private person
Even private persons are empowered to arrest a person for protection of
peace in certain situations. This is important because police cannot be present
at every nook and corner and it is up to private citizens to protect the society
from disruptive elements or criminals. As per section 43(1), any private person
may arrest or cause to be arrested any person who in his presence commits a
non-bailable and cognizable offence, or any proclaimed offender, and, without
unnecessary delay, shall make over or cause to be made over any person so
arrested to a police officer, or, in the absence of a police officer, take such
person or cause him to be taken in custody to the nearest police station. Thus,
if a person is drunk and is committing assault on others, he may be rightly
arrested by any citizen and taken to the nearest police station.

Arrest by Magistrate
As per Section 44(1), when any offence is committed in the presence of a
Magistrate, whether Executive or Judicial, within his local jurisdiction, he may
himself arrest or order any person to arrest the offender, and may thereupon,
subject to the provisions herein contained as to bail, commit the offender to
custody. Further, (2) Any Magistrate, whether Executive or Judicial, may at any
time arrest or direct the arrest, in his presence, within his local jurisdiction, of
any person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.
Important thing to note here is that magistrates have wider power than private
citizen. A magistrate can arrest on the ground of any offence and not only on
cognizable offence. As held in the case of Swami Hariharanand Saraswati vs
Jailer I/C Dist. Varanasi, AIR 1954, the arrested person must be produced
before another magistrate within 24 hours, otherwise his detention will be
illegal.
Refer Q.No. for Rights of arrested person.Q.No. 04.
35.Explain the procedure of trail before the court of sessions.
Refer Q.No.02
36.Discuss the provisions of Cr.P.C relating to security for keeping peace and
good behavior.
Refer Q.No.08
37.Explain the provisions regarding the transfer of criminal cases as provided
under the code of criminal procedure.
The provisions related to the transfer of cases are given under Chapter XXXI,
from sections 406 to 411 of the Criminal Procedure Code, 1973.

• Types of Transfer under CrPC

• Transfer of cases and appeals by the Supreme Court – Section 406 CrPC
• Transfer of cases and appeals by the High Court – Section 407 CrPC
• Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC
 • Withdrawal of cases and appeals by Sessions Judges – Section 409 CrPC
• Withdrawal of cases by Chief Judicial Magistrate – Section 410 CrPC
• Withdrawal of case by Executive Magistrates – Section 411 CrPC

Types of Transfer under CrPC

1. The power of the Supreme Court to transfer cases from one state to another
state.

2. The power of the High Court to transfer cases in the state from one court to
another court of equal or superior jurisdiction or to itself.

3. The power of the Session Judge to transfer cases from one court to another
court in his Sessions Division.

4. The power of a Sessions Judge to withdraw cases from Additional Sessions

Judge, Assistant Sessions Judge or Chief Judicial Magistrate.

5. The power of Chief Judicial Magistrate to withdraw a case from any

Magistrate subordinate to him.

6. The power of Executive Magistrates, i.e. District Magistrates and Sub-

Divisional Magistrates, to withdraw cases.

Transfer of cases and appeals by the Supreme Court – Section 406 CrPC

The power to transfer the cases to Supreme Court is conferred under section
406 of the Criminal Procedure Code. The section gives the Supreme Court the
power to transfer cases or/and appeals from one High Court to another High
Court. This power can be exercised by the Supreme Court whenever it seems
necessary and reasonable for justice.

However, the Supreme Court can only act under the application of the
Attorney-General of India or the interested party (complainant, public
prosecutor, accused, etc.).

Transfer of cases and appeals by the High Court – Section 407 CrPC

The power to transfer the cases to the High Court is given under section 407 of
the Criminal Procedure Code. The High Court can exercise this power under
three conditions, when it is satisfied that:
1. A fair and impartial trial cannot be held in any criminal court that is
subordinate to it.
2. Certain questions of law of unusual difficulty might arise.
3. An order is required by any provision of the Code or for the general
convenience of the parties or the witness involved or for the ends of the
justice.

The High Court can exercise this power on the report of the lower court or on
the application of a party interested. This power can also be exercised on its
own initiative by the High Court. However, the application for the transfer of a
case from one criminal court to another criminal court in the same Session
Division can be laid down before a High Court only if it has been previously
made to the Sessions Judge and was rejected by him.

Transfer of cases and appeals by the Sessions Judge – Section 408 CrPC
Section 408 of the Criminal Procedure Code provides the power to the Sessions
Judge to transfer a case from one criminal court to another criminal court in
his sessions division. Whenever it seems reasonable for the ends of the justice,
the Sessions Judge can act as provided under this section.
The Sessions Judge can exercise this power either on the instance of the report
of the lower court or on the application of the party interested or on its own.

Withdrawal of cases and appeals by Sessions Judges – Section 409 CrPC

The Sessions Judge also has the power to withdraw a case or appeal which he
has transferred to any Assistant Sessions Judge or Chief Magistrate
subordinate to him. The provision related to this is given under section 409 of
the Criminal Procedure Code.

However, a Sessions Judge can act accordingly only before the trial of the case
or hearing of the appeal has begun. There can be no withdrawal of a case once
the trial or hearing has started in the transferee court.

Withdrawal of cases by Chief Judicial Magistrate – Section 410 CrPC

Provisions related to the withdrawal of cases by Chief Judicial Magistrate is

contained under section 410 of the Criminal Procedure Code. This section
grants the power to the Chief Judicial Magistrate to withdraw any case from
any Magistrate subordinate to him and recall any case he had previously
transferred to any Magistrate subordinate to him.
The Chief Judicial Magistrate also has the power to inquire or try such a case
himself. Along with this, he can also refer such a case to any other Magistrate
who is competent to inquire into and try the case.

Withdrawal of case by Executive Magistrates – Section 411 CrPC

The Executive Magistrates have the power to withdraw or recall any case
under section 411 of the Criminal Procedure Code. The Executive Magistrate
under this section can withdraw any case which has been commenced before
the court to any Magistrate that is subordinate to him for the disposal of the
case. He is also authorized under this section to withdraw or recall any case he
had previously transferred to any Magistrate subordinate to him as well as to
dispose of such a case himself or refer it for disposal to any other Magistrate.

38.Explain the types of appeals in criminal cases.

The word appeal has not been defined in the Criminal Procedure Code. Neither
the definition is available in the General Clauses Act.

Criminal appeal has been discussed in chapter 29 of the Criminal Procedure

Code under sections 372 to 394. The chapter is not absolute and exhaustive, as
many provisions related to appeals are provided out of this chapter, for
instance, sections 86, 250, 351, 449, 454, 458(2).

An appeal can be defined as a complaint made to a higher court with the intent
that the order, finding, sentence passed by the lower court is illegal or
erroneous (wrong, incorrect).

Kinds of Appeal Under Criminal Procedure Code

1. Appeal in Court of Session – Section 373 CrPC

An appeal may lie to the Court of Session against the order under:

• Section 117: Where a person has been ordered to give security for
keeping the peace or for good behaviour.
• Section 121: Where a person has been aggrieved by any order refusing
to accept or reject a surety.

2. Appeal From Convictions – Section 374 CrPC

1. While exercising extraordinary original criminal jurisdiction, if High Court

passes an order of conviction, an appeal shall lie to Supreme Court.

2. If Court of Session or Additional Court of Session passes the order of

conviction during the trial, an appeal shall lie to High Court.

3. If Court of Session or Additional Court of Session gives punishment of more

than seven years, the appeal shall lie to High Court.

4. Where a person is convicted by Assistant Court of Session, Metropolitan

Magistrate Judicial Magistrate I, Judicial Magistrate II, an appeal shall lie to
Court of Session.

5. A person aggrieved under section 325, 360 of the Criminal Procedure Code
can appeal to the Court of Session.

Exception to Section 374 CrPC

Section 375 and section 376 of the Criminal Procedure Code are exceptions to
sections 374 of the Criminal Procedure Code, elaborated as follows.
Section 375 CrPC – No Appeal in Certain Cases Where the Accused Pleads Guilty

If the accused pleads guilty at High Court and the court takes the plea on
record and convicts the person, then no appeal shall lie.

Where the accused pleads guilty at a court other than High Court, an appeal
for the sentence is allowed.
Appeal on sentence is allowed based on:
1. Extent.
2. Legality of the sentence.

Section 376 CrPC – No Appeal in Case of Petty Cases

No appeal shall lie in the case of petty cases. Petty cases differ from court to
court. Following are considered petty cases:

• In case of High Court- Imprisonment up to 6 months, fine of Rs 1000 or

both.
• In case of Court of Session- Imprisonment up to 3 months, fine of Rs 200
or both.
• In case of Metropolitan Magistrate- Imprisonment up to 3 months, fine
of Rs 200 or both.
• In case of Judicial Magistrate I- Fine of Rs 100.
• In case of Magistrate empowered under section 260 of the Criminal
Procedure Code- Fine up to Rs 200.

3. State Appeals Under Sections 377 and 378 of CrPC

Appeals by the State Government:

• For enhancement of sentence – Section 377

 • Against the acquittal of accused – Section 378

Section 377 CrPC – Appeal Against Sentence

The section empowers the State Government to file an appeal through a public
prosecutor at the Court of Session or High Court on the grounds of
insufficiency of the sentence:

o If an order of sentence is given by Magistrate, then appeal to

lie to Court of Session.
o If an order of sentence is given by any other court, then
appeal to lie to High Court.

The direction will be given to the public prosecutor by the central government
if the investigation is done by Delhi Special Police Establishment or any other
central agency.

When such appeal or order for enhancement of punishment is filed, such order
will not be passed until a reasonable opportunity of being heard is given to the
accused.

Section 378 CrPC – Appeal in Case of Acquittal

In this section, District Magistrate is empowered to direct the public

prosecutor to file an appeal to the Court of Session for the order of acquittal
done by any Magistrate in a matter of cognizable and non-bailable offence.

The State is also empowered to direct the public prosecutor to file an appeal
for the order acquittal done by any court other than High Court for appeal or
revision.
If the investigation is done by Delhi Special Police Establishment or any central
agency, the direction to file an appeal will be given by the Central Government.

It is to be noted that prior permission of the High Court will be taken before
filing an appeal at the High Court.

If an order of acquittal is given in a matter of case instituted on complaint, and

High Court grants special permission to present the appeal, then such appeal
can be presented by the complaint.

o If the complainant is a government servant, then the

application can be moved within six months from the order of
acquittal.
o If the complainant is not a government servant, then the
application can be moved within 60 days from the order of
acquittal.

If such appeal is rejected, no appeal from an order of acquittal shall lie.

4. Appeal Against Conviction by High Court in Certain Cases – Section 379

CrPC

If the High Court reversed an order of acquittal of a person and convicted

him and sentenced him to death, life imprisonment, or imprisonment for a
period of ten years or more, the accused has the right to make an appeal to
the Supreme Court.

5. Special Right of Appeal in Certain Cases – Section 380 CrPC

Under this section, an accused has a right of appeal in an unappealable
sentence if his co-accused has been given an appealable sentence.

39.Explain the schemes available for rehalbitation and social reintegration of

children under Juvenile justice ( care and protection of children) act 2000.
Aftercare care organisations
These are transitional homes where the child is kept before totally reintegrated
into society. Aftercare organisations are special homes registered under the
governmental nodal agency functions for the welfare of delinquent children.

At the aftercare organisations, the Juveniles were given,

1. Vocational training
2. Therapeutic training to improve psychological behaviour
3. Continuing education
4. Consensus about social values
5. Economical ability to support themselves
6. Activities for physical and mental fitness

The juveniles are taken care of in After Care Organisation which is transitional
homes after they leave the special homes and children’s home. Juvenile in
conflict with law and children in need of care and protection, both categories
are placed in the aftercare organizations. Aftercare organizations enable the
juveniles to lead an honest and industrious life. After-Care Organisations are set
to achieve the principal objective of allowing children as well as juveniles to
adapt to society. At the after-care organizations, the children and juveniles are
motivated to stay in mainstream society from their past life in the institutional
homes.

Aftercare organizations are nothing but a temporary home which is set up for a
group of youths. At the aftercare organizations, the placed youths are
encouraged to learn a trade, and they also contribute towards the running of
the aftercare home. Any voluntary institution or organization designated as the
after-care organization strives to work towards preparing the children as well as
juveniles to achieve self-reliance and acquire social and life skills to integrate
them fully in the community.

Sponsorship

It is the financial help given for child care organisations, foster families,
individuals or individual groups to meet the expenses of the juveniles’
rehabilitation programs. It may be a government aid or by a non -governmental
organisation (NGO) or by individuals.

Foster care

It is one of the non-institutional care provided for the juveniles. Based on Section
42 of the Juvenile Justice Act of 2000, the child may be placed with a foster family
so he/she may be surrounded in a family environment and parental care which
cannot be possible in normal institutional rehabilitation. The child is provided
with education as well as family care. The foster family is paid for their service,
and it is voluntary in nature.

A child may be placed in foster care if the natural parents are

• sentenced,
• suffering from deadly diseases
• being abroad
• Incapacitated by other means

Adoption
Adoption benefits the orphans, homeless children and destitute youngsters as
well as childless couples. Adoption makes life meaningful for lone single adults
too as they gain a parent-child relationship. Adoption empowers a powerful
relationship between the child and its adopted parents even though they are
not related. Section 2(2) of the Juvenile Justice Act of 2015 states that adoption
as the process through which the adopted child is permanently separated from
his/her biological parents and becomes the lawful child of his/her adoptive
parents with all the rights, privileges and responsibilities that are attached to a
biological child.
What are the other measures or techniques used in the rehabilitation of
juveniles?

There is a huge lack of infrastructure for the rehabilitation of the juveniles like
the absence of Juvenile Justice Boards, observation homes or special homes at
many districts. There is also not enough counsellors, psychiatrists, medical
personnel and trained social workers. The implementation of the Juvenile
Justice Act of 2015 is lacking implementation at various levels. It is the role of
the state government to ensure the implementation and proper function. State
governments need to impart training to the monitoring officers.

The Juvenile Justice Board and other child care home were established based on
this act, it also gives emphasis for the following:

• Providing a reasoned approach for the prevention and remediation of

juvenile delinquency. This is done while keeping the child’s
developmental needs towards social maladjustment.
• Rules and regulations for investigation, prosecution, adjudication and
disposition, rehabilitation of juvenile justice administration.
• Provisions for juvenile specific offences and punishments.
• Conforming the standard Minimum rules for the administration of
Juvenile Justice of United Nations implemented in the administration
of the juvenile justice system in India
To provide proper care, protection and treatment by catering to the juvenile
delinquents’ developmental needs, and for adopting a child-friendly approach
in the adjudication and disposition of court proceedings in the best interests of
children and for their proper rehabilitation the Juvenile Justice Act of 2000 is
enacted by Government of India. Provisions for institutional and non-
institutional measures for rehabilitation are provided in the Juvenile Justice
(care and protection) Act of 2000.

40.Write a note on judgement.

What is a Judgement?
A judgement is a decision given by a person regarding a particular issue. A
judgement under the eyes of the law is a decision given by a court of law on a
suit which comes up to it. The Code of Criminal Procedure in India does not
define a judgement. Though Chapter 27 of the code deals with the matters
relating to a judgement and its delivery. A judgement can be considered to be
the final order passed by a criminal court, which may either be pronounced as a
conviction of the accused if such person is found to be guilty or as an acquittal
of the accused if such person is found to be innocent.

Provisions with regard to Judgement under CrPC

The following are the provisions with regards to a judgement under the Code for
Civil Procedure:

Section 353

This section helps us understand the process of procurement and

pronouncement of a judgement. It says that the pronouncement of judgement
in every trial in a criminal court should be done in an open court as soon as a
trial subject to that court is terminated. Such judgement should be pronounced
by a presiding officer who is in charge of the criminal court of original
jurisdiction. Such an officer passing the judgement should sign the transcript and
every page, as well as the date of the judgement, pronounced should be
attached to such a document.

If the accused related to a judgement is under custody, then such person should
be brought to the court when the judgment is being pronounced. If the accused
is not in custody then his presence shall be demanded by the court, at the time
of passing the judgment. If there is more than one person then the absence of
any of them will not have any effect in delaying the judgement. A copy of the
judgement should be made available to all persons associated with the case.

The absence of a pleader during the pronouncement of a judgement shall not

be deemed to be enough reason for causing any delay in a judgement.

Section 354

This section tells us about the language which should be used while pronouncing
a judgement. It basically says that unless anything is expressly mentioned under
the judgement passed under section 353, the judgement should be made in the
official language of the respective court.
This section also helps us understand the ideal contents of a judgement. It
basically explains the different instances under which the court passes
judgement and the reasons which are required to be given by a court, which
shall be attached to the respective judgements.

Section 355

This section provides instructions which are required to be followed by a

Metropolitan Magistrate while pronouncing a judgement.

Section 357

This section talks about the power of the court to demand compensation from
the accused with regard to the losses incurred by the other party to the suit.
Such compensation may be for the costs of the proceeding, compensation for
causing harm, injury or death, etc. There is a particular period of time provided
for an appeal against such demand of compensation by the court. Once such
period expires, the accused shall be liable to pay such compensation.

Section 358

If a person gets arrested due to another person registering a false complaint

against such a person with the police. Then the court shall order such a person
who posted the complaint to pay compensation which shall not exceed one
thousand rupees, to the person so arrested. Such compensation is required to
be paid for the lost time and money of such a person so arrested.

If there is more than one person who has been arrested under such
circumstances, then compensation of rupees hundred such be paid to each
person.

Section 361

This section tells us that under the following circumstances special reasons
supporting the judgement should be recorded:

1. Where an accused is a person under section 360 or under the

provisions of the Probation of Offenders Act, 1958.
 2. When an offender is a person supposed to be considered under
the Children Act, 1960.

Section 362

This section tells us that once a judgement is pronounced, no change shall be

made by the court or the presiding officer on such judgement. Unless the appeal
is filed at a higher court.

Section 363

This section tells us that a copy of the judgment pronounced by the presiding
officer of the court shall be given out to the accused, the complainants and all
such persons associated with the proceeding in reference to which such a
judgement has been passed.

Section 364

This section provides that every judgement pronounced by a court should be

recorded. In an instance where such judgement is not in the language of the
court and the accused requires so, then the judgement should be translated into
the language of the court and stored accordingly.

Section 365

This section tells us that in case a judgement is pronounced by a court of session

or by a Chief Judicial Magistrate, then a copy of such a judgement should be sent
to the office of the District Magistrate.

41.Explain the procedures to be followed for the trial warrant cases by

magistrates.

Trial of Warrant Cases by Magistrate

1. Trial of warrant cases by magistrate where case instituted on a police

report: Sections 238 to 243, 248, 249, 250.
2. Trial of warrant cases instituted otherwise than on a police report: Sections
244-250

Trial of Warrant Cases by Magistrate Where Cases Instituted On a Police

Report

Section 238: Compliance with section 207

In any warrant case instituted on a police report, when the accused appears or
is brought before a magistrate for the trial, the magistrate shall satisfy himself
that he has complied with the provisions of section 207 (supply the copy of
police report and other related documents to the accused).

Section 239: When accused shall be discharged

This section should be read with section 240. It is the duty of the court to
frame the charges, and therefore the court must consider the matter. This
section says that the magistrate has to record his reasons for discharging the
accused.

State of Himachal Pradesh vs. Krishan Lal, 1987

In this case, the Hon’ble Supreme Court held that there was sufficient material
on record, and the judge had found that the prima facie case has been made
out. But his successor judge came to the conclusion on the same material that
no charge could be made and hence passed an order of discharge. It was held
by the Supreme Court that no order of discharge could be passed by the
successor.
Section 240: Framing of charge

Section 240 not only authorises the magistrate to consider the police report
and the document sent with it under section 173 but to examine the accused if
he thinks fit.

According to clause 2 of this section, the charge shall then be read and
explained to the accused, and he shall be asked whether he pleads guilty of the
offence charged or claim to be tried.

Section 241: Conviction on plea of guilty

After framing the charge if the accused pleads guilty, then the magistrate shall
record the plea and convict him according to his discretion.

Section 242: Evidence for prosecution

If the accused does not plead guilty, then the magistrate does not convict him,
and the magistrate shall fix a date for the examination of witnesses.

The proviso of this section says that the magistrate will supply in advance the
statement of witnesses recorded during the investigation by the police.

According to clause 2, the magistrate may summon to the witnesses to attend

the court or to produce any document, on the application of the prosecution.

According to clause 3, the magistrate shall proceed and may permit the cross-
examination of any witness.
Section 243: Evidence for defence

The magistrate shall call the accused to enter in his defence and produce
evidence and will allow for cross-examination.

Section 248: Acquittal or conviction

The trial ends either in conviction or acquittal of the accused.

Section 249: Absence of complainant

If the complainant is absent on the day fixed for the hearing of the case, the
magistrate may in his discretion discharge the accused if-
I. The offence is compoundable.
II. The offence is non-cognizable.
III. The proceedings have been instituted on the complaint.
IV. The charge has not been framed.

All of the above elements are necessary.

Under this section, the magistrate has discretion. He may discharge the
accused or may proceed with the case. It is done by the magistrate before the
charge has been framed. After the framing of charge, the magistrate cannot
discharge the accused due to default of appearance by the complainant.

Death of complainant in trial

Where in the course of the trial for different defamation the complainant dies,
the magistrate need not discharge the accused but can continue with the trial.

Note: Where a complaint is dismissed on default, there is no bar for the

institution of second complaint for the same offence.

Section 250: Compensation for accused without reasonable cause

The person liable to pay compensation is a person on whose complaint or

information the accusation is made. Here, a person includes a juristic person
also.

Compensation is awarded to the person who has suffered from the accusation
and not to his relatives. Before awarding compensation, the magistrate shall
not only record but also consider any objection which the complainant or
informant raised against the direction. The provisions are imperative (of vital
importance) in nature and must be complied with.

Trial of Warrant Cases Instituted Otherwise Than On a Police Report

Section 244: Evidence for prosecution

When a warrant case is instituted otherwise than on a police report, the

accused appears or is brought before a magistrate; the magistrate shall
proceed for evidence for the prosecution and summon the witnesses or
document on the application of the prosecution.

Section 245: When accused shall be discharged

The discharge order can be passed when the magistrate finds that “no case has
been made out.”

Section 246: Procedure where accused is not discharged

If the magistrate is satisfied, then he can frame the charge and proceed
further. The charge shall be read and explained to the accused, and he shall be
asked whether he pleads guilty or not or has any defence to make.

According to clause 3, if the accused pleads guilty, the magistrate shall,

according to his discretion, convict the accused. If the accused does not plead
guilty, then the magistrate will move forward.

Section 247: Evidence for defence

The accused will be called to enter upon his defence and to produce evidence.

Conclusion of trial same as the trial which is conducted by the magistrate in

warrant cases, where case instituted on the police report (section 248 to 250).

Section 248: Acquittal or conviction

The trial ends either in conviction or acquittal of the accused.

Section 249: Absence of complainant

If the complainant is absent on the day fixed for the hearing of the case, the
magistrate may in his discretion discharge the accused if-
I. The offence is compoundable.
II. The offence is non-cognizable.
III. The proceedings have been instituted on the complaint.
IV. The charge has not been framed.

Under this section, the magistrate has discretion. He may discharge the
accused or may proceed with the case. It is done by the magistrate before the
charge has been framed. After the framing of charge, the magistrate cannot
discharge the accused due to default of appearance by the complainant.

Death of complainant in trial

Where in the course of the trial for different defamation the complainant dies,
the magistrate need not discharge the accused but can continue with the trial.

Note: Where a complaint is dismissed on default, there is no bar for the

institution of second complaint for the same offence.

Section 250: Compensation for accused without reasonable cause

The person liable to pay compensation is a person on whose complaint or

information the accusation is made. Here, a person includes a juristic person
also.

Compensation is awarded to the person who has suffered from the accusation
and not to his relatives. Before awarding compensation, the magistrate shall
not only record but also consider any objection which the complainant or
informant raised against the direction. The provisions are imperative (of vital
importance) in nature and must be complied with.

42.Discuss the procedure to be followed by criminal courts in compelling the

appearances of persons.
Ways for processes to compel a person to appear in court they are -

1) Summons -

2) Warrant

3) Warrant in lieu of summons

4) Proclamation of an absconder

5) Attachment of his property and

6) Bond with or without sureties to appear before a court on a certain date.

1) Summons -

Summons is a document issued by a Court of Justice calling upon the person to

whom it is directed to attend before a judge or officer of the Court. It also
means to notify a defendant that an action has been commenced against him
in which he may file and answer or plead in some other fashion. Summons
should be clear and specified because it is a milder form of process issued for
enforcing the appearance of the accused or of witness and for the production
of a document or thing. According to Section 61 of the code of criminal
procedure, every summons issued by a court under this Code shall be in
writing, in duplicate, signed by the presiding officer of such Court, or by such
other officer as the High Court may, from time to time by rule direct and shall
bear this seal of the Court. According to Section 61 of the Code of Criminal
Procedure 1973 summons may be sent to - (a) The accused (b) A witness (c) A
person to show cause against some order, and (d) The person proceeded
against under section 125 of the Code.
2) Warrant -
A warrant is a written order of a Magistrate giving official authority to arrest a
suspected criminal or accused person. The Code of Criminal Procedure does
not define the expression warrant of arrest but it is clear form the code that a
warrant is an order address to a certain person to arrest the accused, to take
him into custody and bring him before the court issuing the warrant.
3) Warrant in lieu of summons -
According to Section 87 of the Code of Criminal Procedure - A Court may, in
any case in which it is empowered by this Code to issue a summons for the
appearance of any person, issue, after recording its reasons in writing, a
warrant for his arrest- (a) if, either before the issue of such summons, or after
the issue of the same but before the time fixed for his appearance, the Court
sees reason to believe that he has absconded or will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have been
duly served in time to admit of his appearing in accordance therewith and no
reasonable excuse is offered for such failure.
4) Proclamation of an absconder -
Section 82 of the Code of Criminal Procedure 1973 provides -
(1) If any Court has reason to believe (whether after taking evidence or not)
that any person against whom a warrant has been issued by it has absconded
or is concealing himself so that such warrant cannot be executed, such Court
may public a written proclamation requiring him to appear at a specified place
and at a specified time not less than thirty days from the date of publishing
such proclamation.
(2) The proclamation shall be published as follows:- (i) (a) it shall be publicly
read in some conspicuous place of the town or village in which such person
ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in
which such person ordinarily resides or to some conspicuous place of such
town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court-
house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be
published in a daily newspaper circulating in the place in which such person
ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect
that the proclamation was duly published on a specified day, in the manner
specified in clause (I) of sub-section (2), shall be conclusive evidence that the
requirements of this section have been complied with, and that the
proclamation was published on such day.
(4) Where a proclamation published under sub-section (1) is in respect of a
person accused of an offence punishable under section 302, 304, 364, 367,
382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of
the Indian Penal Code (45 of 1860), and such person fails to appear at the
specified place and time required by the proclamation, the Court may, after
making such inquiry as it thinks fit, pronounce him a proclaimed offender and
make a declaration to that effect. (5) The provisions of sub-sections (2) and (3)
shall apply to a declaration made by the Court under sub-section (4) as they
apply to the proclamation published under sub-section (1).
5) Attachment of his property of person absconding -

Section 83 of the code of criminal procedure provides that -

(1) The Court issuing a proclamation under section 82 may, for reasons to be
recorded in writing, at any time after the issue of the proclamation, order the
attachment of any property, movable or immovable, or both, belonging to the
proclaimed person: Provided that where at the time of the issue of the
proclamation the Court is satisfied, by affidavit or otherwise that the person in
relation to whom the proclamation is to be issued, -
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local
jurisdiction of the Court, it may order the attachment simultaneously with the
issue of the proclamation.
(2) Such order shall authorize the attachment of any property belonging to
such person within the district in which it is made, and it shall authorize the
attachment of any property belonging to such person without such district
when endorsed by the District Magistrate within whose district such property
is situated.
(3) If the property ordered to be attached is a debt or other movable property,
the attachment under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the
proclaimed person or to anyone on his behalf; on
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under
this section shall, in the case of land paying revenue to the State Government,
be made through the Collector of the district in which the land is situated, and
in all other cases-
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of
property to the proclaimed person or to anyone on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a
perishable nature, the Court may, if it thinks it expedient, order immediate sale
thereof, and in such case, the proceeds of the sale shall abide the order of the
Court.
The powers, duties, and liabilities of a receiver appointed under this section
shall be the same as those of a receiver appointed under the Code of Civil
Procedure, 1908(5 of 1908).
6) Bond with or without sureties to appear before a court on a certain date -
Section 88 of the Code of Criminal Procedure deals with the power to take
Bond for appearance. It provides that when any person for whose appearance
or arrest the officer presiding in any Court is empowered to issue a summons
or warrant, is present in such Court, such officer may require such person to
execute a bond, with or without sureties, for his appearance in such Court, or
any other Court to which the case may be transferred for trial.
Section 88 of the Code is only applicable to persons who are present in court
but not the person at houses to compel them to execute bonds for appearance
in court with or without securities where an accused is already in custody,
Section 88 has no application.
43.Explain the provisions of Cr.P.C relating to reference and revision.
Reference and revision under CrPC have been discussed in Chapter XXX from
sections 395 to 405. Section 395 and section 396 of the Criminal Procedure
Code deal with reference. And sections 397 to 405 discuss revision.

Reference – Meaning under CrPC

There is no statutory definition of reference provided in the Criminal

Procedure Code. Reference is a matter between two courts where the lower
court seeks the opinion of the High Court regarding an act, ordinance or
regulation.

Grounds for Reference under CrPC

Before sending a case for reference to the High Court, the lower court shall
satisfy itself that:

1. The case pending before it involves the question as to the validity of

an Act, ordinance or regulation or any provision contained in any Act,
ordinance or regulation.
2. The determination of such a question is necessary for the disposal of
the case.
3. The lower court is of the opinion that such Act, ordinance, regulation
or provision is invalid or inoperative by the High Court or Supreme
Court.
Then the lower court shall state its opinion and reason for the same and refer
the same to High Court for its decision.

Residuary Provision

Section 395(2) of the Criminal Procedure Code states that the Court of Session
or Metropolitan Magistrate may refer for the decision of High Court on any
question of law arising in a case pending before it to which provision of section
395(1) of the Criminal Procedure Code does not apply.

Section 395(1) of the Criminal Procedure Code requires every subordinate

court to refer the question as to validity to the High Court. Section 395(2) of
the Criminal Procedure Code provides discretion only to a Court of Session or a
Metropolitan Magistrate to refer for the decision of the High Court for any
question that arose in the hearing of the case before such court or magistrate.

In Emperor vs Maula Fuzla Karim, the court held that reference under section
395(2) of the Criminal Procedure Code could be made only on a question of
law, not on a question of fact.

Procedure for Disposal of the Case

Where a question has been referred to High Court, the High Court shall pass
order thereon.

The copies of such order shall be then sent to the lower court by whom
reference was made.
Such lower court shall then dispose of the case in the light of the reference
order given by the High Court.

According to section 395(3) of the Criminal Procedure Code, when the case is
pending for reference in the High Court, the court may either commit the
accused to jail or release him on bail.

According to section 396(2) of the Criminal Procedure Code, the High Court
may direct by whom the cost of reference will be paid.

REVISION

The word “revision” has not been defined in CrPC, however, as per Section 397
of CrPC, the High Court or any Sessions Judge have been empowered to call for
and examine the records of any proceeding satisfy oneself:

1. as to the correctness, legality, or propriety of any finding, sentence or

order, whether recorded or passed, and
2. as to the regularity of any proceedings of an inferior court.
Moreover, they have the powers to direct the execution of any sentence or an
order to be suspended. Not just this, but to even direct to release the accused
on bail or on his own bond if the accused is in confinement. They may even order
an inquiry subject to certain limitations. It is clearly evident that the appellant
courts have been granted such powers so as to obviate any failure of justice.

The Honourable Supreme Court of India, in the context of this provision, held in
the case of Amit Kapoor vs Ramesh Chander & Anr that “the revisional
jurisdiction can be invoked where the decisions under challenge are grossly
erroneous, there is no compliance with the provisions of law, the finding
recorded is based on no evidence, material evidence is ignored or judicial
discretion is exercised arbitrarily or perversely.” The same Court, further
explaining this provision, held in the case of State Of Rajasthan vs Fatehkaran
Mehdu that “the object of this provision is to set right a patent defect or an error
of jurisdiction or law or the perversity which has crept in the proceeding.”
The High Court has the power to take up a revision petition on its own motion
i.e. suo moto or on the petition by an aggrieved party or any other party. The
Allahabad High Court held in the case of Faruk @ Gaffar vs State Of U.P. that
“whenever the matter is brought to the notice of the Court and the Court is
satisfied that in the facts and circumstances of the case, a case is made out for
exercising the revisional powers suo motu, it can always do so in the interest of
justice.”

There are certain statutory limitations that have been imposed on the High
Court for exercising its revisional powers as per Section 401 of CrPC, however
the only statutory requirement to exercise this power is that the records of the
proceedings are presented before it, after which it is solely the discretion of the
Court:

1. An accused is to be given due opportunity to hear him and on order

cannot be passed unless this is followed.
2. In instances where a person has forwarded a revisional application
assuming that an appeal did not lie in such a case, the High Court has
to treat such application as an appeal in the interests of justice.
3. An application of revision cannot be proceeded with if it has been filed
by a party where the party could have appealed but did not go for it.
The High Court, as well as the Sessions Court, may call for record of any
proceeding of any inferior criminal Court situated within its jurisdiction for the
purpose of satisfying itself as to the correctness, legality of propriety of any
finding, sentence, etc. Thus, the Sessions Judge could examine the question in
relation to the inadequacy of sentence in view of the powers conferred on him
by Section 397(1) of CrPC.

44.Discuss the provisions juvenile justice ( care and protection of children)

act, 2000 in respect of the establishment and maintenance of observation
home and special home.
Observation Homes
Section 8 of the Juvenile Justice Act of 2000 provides that the state government
may establish and operate observation houses in each district or group of
districts. A minor is temporarily received in these homes. For the duration of any
investigation into them under the Juvenile Justice (Care and Protection of
Children) Act 2000, minors are detained in observation houses. Minors are kept
for a few weeks in the observation houses for the social study of minors.
The minor’s story is prepared by the probation officer during his brief stay at the
observer’s home. The competent authority then decides, depending on the
case, to keep them in the institution or to entrust them to their parents. During
the stay in the establishment, medical and psychiatric services were also
provided, as well as basic equipment such as food, clothing and accommodation
for minors. To keep the mind and body healthy, young people should water the
plants, help in the kitchen and clean the premises of the shelter.

Special Homes

Section 9 of the Juvenile Justice Act of 2000, states the state government may
establish and maintain special homes in each district or group of districts. When
the offence committed by a minor is proven and condemned by the competent
authority, it is placed in the special home established by the state governments.
In the special home, minors are treated for a long time or until their age ceases.

The ultimate goal of the rehabilitation of juveniles in the homes under

the Juvenile Justice (Protection and Protection of Children) Act of 2000 has
therefore been implemented to ensure that all necessary efforts are made to
change the of juveniles. minors of evil to good. Special shelters for minors pay
more attention to the education and vocational training of minors. Minors
receive food, clothing, shelter, medical and psychiatric services, and counselling.

45.Write a note on Anticipatory bail and admonition.

Section 438 of the Code of Criminal Procedure, 1973 deals with the provisions
regarding the Anticipatory Bail. The words “anticipatory bail” have not been
defined in the code. The expression “anticipatory bail” is a misnomer and the
order becomes operative only on arrest.

Section 438 of the Code reads as under:-

“Direction for grant of bail to person apprehending arrest”

Where any person has reason to believe that he may be arrested on accusation
of having committed a non-bailable offence, he may apply to the High Court or
the Court of Session for a direction under this section that in the event of such
arrest he shall be released on bail; and that Court may, after taking into
consideration, inter-alia, the following factors, namely-
 • The nature and gravity of the accusation;
• The antecedents of the applicant including the fact as to whether he
has previously undergone imprisonment on conviction by a Court in
respect of any cognizable offence;
• The possibility of the applicant to flee from justice; and.
• Where the accusation has been made with the object of injuring or
humiliating the applicant by having him so arrested, Either reject the
application forthwith or issue an interim order for the grant of
anticipatory bail.
Admonition:

Legal provisions regarding power of Court to release certain offenders after

admonition under Section 3 of Probation of Offenders Act, 1958.

Section 3 of the Probation of Offenders Act, 1958 provides that when any
person is found guilty of having committed an offence punishable under
Section 379 or Section 380 or Section 381 or Section 404 or Section 420 of the
Indian Penal Code, 1860, or any offence punishable with imprisonment for not
more than two years, or with fine, or with both, under the Indian Penal Code
or any other law, and no previous conviction is proved against him and the
Court by which the person is found guilty is of opinion that, having regard to
the circumstances of the case including the nature of the offence and the
character of the offender, it is expedient so to do, then, notwithstanding
anything contained in any other law for the time being in force, the Court may,
instead of sentencing him to any punishment or releasing him on probation of
good conduct under Section 4 release him after due admonition. As per
Explanation under this Section, previous conviction against a person shall
include any previous order made against him under this Section or Section 4.

BY

ANIL KUMAR K T LLB COACH